The man whose son died while under the care of Campbell County school shooter Kenny Bartley has reached out to the governors of Tennessee and Virginia, seeking assistance in what he says is “justice for my son.”
The boy, Beckett Josef Podominick, was the son of Erin TePaske, Bartley’s onetime counselor, and Matthew Podominick. Bartley was living with her in Vienna, Va., as part of a court arrangement at the time the boy was mortally wounded.
TePaske has maintained the 3-year-old’s death was an accident, caused when he tried opening an outward-swinging door atop some stone steps at the rear of the home he shared with Beckett and Bartley. It happened in May 2015 on Mother’s Day.
Reporter's note: this story has been updated with a full response from Erin TePaske at the bottom of the article.
That account, however, doesn’t match up with the child’s “physical injury medical evaluation,” obtained by WBIR 10News this week.
The 32-page report notes “several additional injuries” on the child’s head that “did not appear consistent with injury from a fall,” but rather from “an object or device.”
The report also says the child had “multiple occult fractures without an accidental explanation.”
“His head injury was more severe than would be expected from a fall and had wounds on (his) scalp which would not be expected based upon the description of the injury,” states the Inova Children’s Hospital report, conducted in Falls Church, Va. “These clinical findings were highly concerning for non-accidental injury.”
Further, an additional letter obtained last month from the Child Protective Services of Fairfax County, Va. says the child “was physically abused by an unknown abuser."
Matthew Podominick, the boy’s father, told WBIR 10News that the information “paints a picture of severe abuse of my son, Beckett.”
“I think my son Beckett's death needs to be looked into with more resources,” he said. “The report states an unusual pattern injury possibly caused by an object. There are also inconsistencies in the statements relative to other injuries. I would want some experts to look at it to see what that pattern was for example. . . . (Bartley) has even taunted the police in the past that he is above the law. I think it's time he faces justice.”
Podominick also told WBIR: “I will spending every waking moment of every day for the rest of my life fighting for justice for my son.”
In response to the reports, Podominick, who lives in Chattanooga, has reached out to the two governors.
Earlier this week, he sent letters to Virginia Gov. Terry McAuliffe and Tennessee Gov. Bill Haslam.
In his letter to Gov. McAuliffe, he asks for a higher level of investigation into the child’s death. He said the Vienna Police Department has continued to keep the case open yet it’s stalled. He also expressed concerns that political connections have hampered a possible investigation.
He asks Gov. Haslam to use his powers to “facilitate the extradition” of Bartley back to Tennessee. Campbell County issued a violation of probation warrant against Bartley, but authorities cannot extradite him since the offense is a misdemeanor.
“At the time, I was not aware that Bartley was living in the same home as my son, as I was told by TePaske that he was going to a long-term care facility,” Podominick said in letters to both governors. “Had I known this, I would have never allowed this man in the home I rented for my son and his mother.”
He asked Gov. Haslam: “I would like to respectfully request your assistance in extraditing him back to our state so justice can be served.”
He told Gov. McAuliffe that he has “yet to receive any explanation of why there (has) been no advancements in the case.”
He also noted that U.S. Rep. Steny Hoyer is friends with TePaske’s parents and suggested that could lead to possible political or personal pressure for the “lack of enthusiasm” in the Vienna Police Department in “obtaining justice for the death of my son.”
“From my understanding, you have the ability to facilitate involving the State Bureau of Criminal Investigations,” he wrote to Virginia’s governor. “I would like to respectfully request your assistance in their involvement so justice can be served for my son.”
Haslam's office responded to 10News on Friday by saying it will look into the matter. A call to the Virginia governor's office seeking comment has not been returned.
A spokeswoman for U.S. Rep. Hoyer's office said he knew TePaske's parents and even called them to express his condolences when their grandson died, but "has had no further involvement in this incident."
TePaske's family has repeatedly stated the child died in a tragic fall. His mother, Erin TePaske, also has refuted any speculation that Bartley was involved in the child's death.
The Vienna Police Department is the lead investigating agency. Officer Gary Lose did not return a call seeking comment Friday. Last week he told WBIR that the investigation was still ongoing.
Police have not said Bartley is suspected of any criminal wrongdoing and they are not divulging any other information about the incident.
At the time of the death, Bartley was living with the mom and son at their home in Vienna, Va, just outside Washington, DC. A judge allowed Bartley to relocate from Tennessee to Virginia a few months earlier in February 2015.
The injury happened on Mother's Day. At 7:59 p.m. Vienna Police responded to a call about a boy who was injured in an accident at the single-family residence.
In 2005, 14-year-old Bartley shot and killed Campbell County Comprehensive School administrator Ken Bruce and wounded the school's principal and vice principal. Bartley confessed to the crime, pleaded guilty, was convicted of first-degree murder and, went to prison.
The conviction was eventually thrown out based on problems with the guilty plea. Bartley got a new trial, was convicted of a reduced crime of reckless homicide, and was set free with time served in February 2014.
He was back in trouble a few months later after he assaulted his father and his mother on separate occasions. He pleaded guilty to domestic assault, and was sentenced to probation.
With Bartley living in an area where he was despised by many and had a volatile relationship with relatives, TePaske agreed to give Bartley a fresh start in Virginia and provide psychological treatment.
She is a former psychological counselor with Helen Ross McNabb and helped treat Bartley many years ago. She agreed to help Bartley with psychological treatment now that he is an adult who spent eight years behind bars during almost his entire teenage life and early 20s.
Judge Shayne Sexton signed an order in February that allowed Bartley to leave the state and live with TePaske while still under the watchful eye of the court. He was required to undergo counseling, find a full-time job, and submit written progress reports every 45 days.
Bartley was also required to wear a device called a SCRAM bracelet that monitors if he consumes alcohol, which authorities said contributed to the domestic assault charges.
In April, Sexton signed a violation of probation warrant for Bartley.
Documents show Bartley had violated probation terms set down by Sexton within weeks of the judge putting him on probation in February.
A device he was ordered to wear indicated he was using alcohol, according to records.
Officials, however, said that since he's on probation for a misdemeanor, they do not extradite for misdemeanor violations.
TEPASKE DENIES ABUSE; QUESTIONS MOTIVES
Erin TePaske has responded to the allegations by Beckett’s father, telling 10News the accusations are false and made with motives other than justice.
"First of all, there is no involvement of Congressman Hoyer in anything to do with Beckett's case. Hoyer is an old friend of the family, and no one in my family or myself have been in contact with him for assistance in this matter. Matthew [Podominick]’s allegations are without merit."
TePaske also criticized the conclusion by the Child Protective Services report that her son was abused.
"I have had several independent medical experts review Beckett's medical records, CT SCANS, X-Rays, and autopsy report. They all report no injuries consistent with any form of child abuse. These are unbiased, professionals with specific training to identify injuries of any kind to the body. The doctor that CPS used to review Beckett's medical records was a biased, emergency room doctor, who works for CPS and is affiliated with the Fairfax Police Department. CPS can make whatever determination they wish. I have fought this finding all the way up to the very top of the agency and they will not change their finding, no matter how much evidence to the contrary I present to counter their ruling of abuse," said TePaske.
TePaske said the CPS conclusion is due to media speculation that Kenneth Bartley was involved in Beckett’s death, and says Matthew Podominick has perpetuated the accusations "out of spite and anger."
TePaske continued by saying the CPS investigation did not include any interviews with those who interacted with Beckett on a daily basis.
"CPS never spoke with my son's preschool teachers, or my parents who spent every weekend with him and were with him earlier at church the day of the accident. They did not speak to anyone who had regular daily or weekly contact with my son. Not even his babysitter who watched him 2-3 times a week, every single week. They contacted none of the parents of his little friends who had weekly play dates with him, and they contacted no one else in my family who had regular contact with my son. That doesn't seem like a very thorough CPS investigation to me. Beckett had just been to his pediatrician less than a week before his accident for his 3 year check-up and the doctor said he was doing excellent," said TePaske.
"The allegations of abuse were against Kenneth. But Kenneth was cleared and the allegations were found to be unfounded against him,” said TePaske. “So CPS's ruling of Abused Level One (Severe Abuse resulting in death) Abuser Unknown makes absolutely no sense whatsoever. Which is why I fought it so adamantly."
TePaske reiterated her statements that her son's death was a tragic accident.
"This isn't about Kenneth Bartley murdering or abusing my son. This is about every parent's worst nightmare, they leave the house for twenty minutes to go on a walk and their child has a horrific accident in a matter of seconds that was unavoidable. This has been utterly devastating for my family."