Case Study: Investigator James Poffel

Background:
On April 9, 2018 at approximately 16:55 AM I, Investigator James Poffel was listening to my police radio and heard Officer Donnie Cox request to speak with an investigator in reference to the call he was out on. I advised I would call him. As I made contact with Officer Cox, he informed me he was dispatched to 1650 Baltimore St. Muskogee, OK in reference to assisting Muskogee County EMS with an unresponsive infant.
Officer Cox informed me, upon his arrival there was a two-month-old child, Jack Newbury, had become unresponsive and was being further transported by EMS to the hospital in Muskogee. Officer Taylor Mills followed EMS to the hospital. The residence where this incident occurred is a home daycare, approved and certified by the Department of Human Services.

Officer Cox stated he spoke with Christine and James Roberts, who run the daycare and that he had them started on writing statements.

He also spoke with EMT, Jordan Steven’s, and was getting a statement from him as well. Officer Cox asked what else he needed to do at this point. I told him I would be en route to his location. However, since this was a child death, he needs to contact DHS for a joint response. DHS would need to send out someone from daycare licensing and a child protective services worker.
Officer Cox left the scene before my arrival to go to the hospital to stand by with the baby. Officer Jody Standridge remained at the scene while Cox went to the hospital.
DHS showed up on the scene and interviewed Christine and James separately.
Christine Roberts Statement to

Police:
Christine Roberts stated the following in her written statement:
• Christine placed Jack in his pack-n-play to take his afternoon nap around 1:00 PM.
• Christine placed him in the pack-n-play on his back and everything was fine.
• Christine checked on Jack every 15 minutes, “he looked fine”.
• Christine’s husband James checked on Jack around 2:35 PM and again stated “he didn’t observe any problems”.
• At around 3:00 PM, Christine checked on him and noticed he was on a “little on his side”. She went to adjust him back to the center of the pack-n-play.
• Jack’s face and chest was red and he was unresponsive.
• Christine yelled for James.
• James took Jack out of the pack-n-play and began CPR.
• Christine called 911.
James Roberts Statement to Police:
James Robert stated the following in his written statement to police:
• James came home around 2:10 PM from a track meet at Hilldale High School.
• James ate when he got home.
• The other children present were being loud, so he went to check on Jack who was sleeping in a pack-n-play in the front bedroom. It was around 2:30 PM.
• James stated Jack was asleep on his back and everything appeared fine.
• James stated Christine went to check on Jack around 3:00 PM and found him discolored and unresponsive.
• Christine called to James and he immediately grabbed Jack and began CPR, until EMS arrived.
Jordan Steven’s Statement:
Jordan told Officer Cox that when he arrived and first made contact with the child that the infant was already deceased. He stated that Lividity and rigor was already present. Jordan was the one who rushed the child to the ambulance. However, he knew from his training and experience that Jack could not be revived at that point.
Jack’s Parents, Heather and Devon Newbury:
Both, Heather and Devon were at work and contacted separately. They were advised that something had happened with Jack at daycare and they were needed at St. Francis Hospital in Muskogee. Neither parent was informed at this point of what occurred because we wanted to ensure they arrived to the hospital safely.
Once both parents had arrived at the hospital, Dr. Russell Anderson notified the family that Jack had been pronounced dead.
Photographs of the Daycare:
I spoke with Christine and explained to her that I would need to look around her house and photograph her house for the purpose of the investigation. I informed her there are two ways in which we can do that, first being consent, second being a search warrant. I told her I know this is a lot to process right now. I asked her if she would be willing to allow me to search her house, take photographs and collect anything necessary. She said she would be willing to sign a consent form. She then signed the form.
I photographs the house and the location of the pack-n-play. The only thing that was in the pack-n-play was a brown fitted pack-n-play sheet. I collected the fitted sheet, as well as Jack’s diaper bag.
Photographs of Jack at the Hospital:
I then left 1650 Baltimore and drove to the hospital to photograph the deceased infant. I made contact at St. Francis Hospital and they took me to the room where he was located. I spoke briefly with Dr. Anderson. Dr. Anderson informed me that the medical examiner was coming out and would be here within the hour. I took photographs of Jack and what I could see without disturbing the body.
Once the medical examiner arrived, I took more thorough photographs of Jack and his body. Lividity was present, as well as rigormortis. I did not observe any bruising or petechial hemorrhaging that would have been consistent with foul play.
Medical Examiner’s Autopsy and Information:
I contacted the Medical Examiner’s Office and spoke with Dr. Lester about the autopsy. Dr. Lester stated his official report would not be concluded until the toxicology screening comes back in 4-6 weeks. However, he stated he did not observe any injuries that would have been consistent with foul play.
Please Observe the Following Attachments:
• Search warrant waiver
• Photographs of the daycare
• Photographs of the deceased infant (Jack Newbury)

James Poffel #560
Muskogee Police Department
Criminal Investigator