JOHN (J.T.) TAYLOR BAXLEY - 3 yo (2010) - Tampa FL

A Tampa man and his girlfriend are facing abuse charges following the death of the man's 3-year-old son.The
Hillsborough County Sheriff's Office reports that deputies responded to
a home Tuesday night after receiving reports of a child not breathing.John Taylor Baxley was taken to a nearby hospital, where he died.


Deputies arrested 26-year-old Justin Garwacki and 29-year-old Kara
O'Connell. They were each charged with multiple counts, including
aggravated child abuse. They were both being held without bail.Detectives
say the boy had been living with the couple for about a month,
suffering abuse and neglect from both adults. Before that, the boy had
been living with his mother in Missouri.An autopsy will determine an official cause of death.

On the day a 3-year-old boy died, his father had struck him several
times and pulled a chair out from under him, causing the boy to strike
the floor with a "thud," investigators said.

John Taylor Baxley died soon after being transported to St. Joseph's Hospital.

His father, 26-year-old Justin Garwacki, was arrested Wednesday on
charges of aggravated child abuse, child abuse, child neglect and
failing to report neglect of a child. Garwacki's girlfriend, 21-year-old
Kara O'Connell, was arrested on the same charges.

They are being held without bail. At their first court appearance
today, Hillsborough Circuit Judge Walter Heinrich told them murder
charges will be forthcoming.

"We'll know more about that in the future," Heinrich told Garwacki.

Investigators said the toddler had bruising on his body, a bite mark
on his right calf and a possible broken arm. An autopsy has been
completed, but the cause of death is pending.

Hillsborough County sheriff's deputies said Garwacki and O'Connell had been responsible for the child's welfare since June 28.

Garwacki had picked up his son from Missouri, where the boy's mother lives.

On Tuesday night, deputies went to a home at 14023 Lemon Valley Place
after Garwacki said his son wasn't breathing, a report states.
O'Connell told investigators the boy began vomiting minutes after
drinking juice and eating a Nutri-Grain bar, and that she put him in a
tub, where he stopped breathing.

According to investigators, Garwacki said he had struck his son's
head and body and that a week ago he had been teaching the boy how to
hold his breath in the tub.

"He advised that when his son was not learning how to do it properly,
he struck him in the head with his hand knocking him down" and causing
the boy to hit his head on the tub, the report states.

Garwacki and O'Connell then filled a sock with uncooked rice and
heated it in the microwave before placing it on the boy's head, burning
him, the report states.

O'Connell said she also struck the child's face and body and once had
lifted him by his throat because he wouldn't listen to her,
investigators said.

Murder charges could be filed against a man and his girlfriend for
killing the man’s three-year-old son. Investigators say John Taylor
Baxley from Sarcoxie died while visiting his dad Justin Garwacki, 26 and
his girlfriend Kara O’Connell, 21 in Tampa, Florida. In Missouri the
3-year-old's family is struggling to cope with his death.
John Taylor Baxley or J.T's short life ended shortly after he arrived in
Florida to visit his father for the summer. Investigators say Garwacki
picked up his son from his mother's home in Sarcoxie, Missouri on June
28th. Forty-six days later he died after he was taken to a hospital for
injuries. Someone inside the couple’s home called 911 to report the boy
wasn’t breathing. “Obvious signs of severe abuse a lot of bruising a lot
of trauma to the child,” Hillsborough County Sheriff’s Deputy Larry McKinnon said.
Detectives say most of the boy's bruising was
fresh but not all. According to arrest reports, Baxley had a bite mark
on his calf and possibly a broken arm. Garwacki and his girlfriend Kara
O'Connell had a daughter of their own. The girl is the same age as Baxley.
According to the arrest reports, the couple told officers they hit the boy and filled a
sock with uncooked rice, heated it in the microwave and burned the
toddler. “You look at these children you see the severity and you look
at your own kids and you never walk away the same it’s still something
that stays with you your entire life,” McKinnon said.
Missouri family members who said Friday it was still too early
to put their grief into words but say J.T. will be greatly missed.
His mother and Garwacki got divorced last March and entered into a
parenting plan that decided when each parent would have visitation rights.
Garwacki and O'Connell could face murder charges. Officials are waiting on final autopsy results.
They are currently charged with aggravated child abuse, child abuse, neglect
of a child and failing to report neglect of a child.

The family of an Ozarks toddler killed in Florida is planning his
funeral in Missouri. Friends and family of 3-year-old J.T. Baxley are
still waiting for answers while his dad and his girlfriend sit inside a
Florida jail.

Justin Garwacki, 26, and his girlfriend Kara
O'Connell, 21, are charged with aggravated child abuse, child abuse,
neglect of a child and failing to report neglect of a child. On August
10, someone called emergency crews to the couple's Tampa home because
Baxley was not breathing. The toddler later died at the hospital.
Hillsborough County Sheriff's deputies say it was immediately obvious
the boy had been badly beaten. He suffered severe trauma to his body.

"He was one of these boys with blonde hair and blue eyes that could melt
your heart with a smile," neighbor and family spokesman Rick Mize said.
"I rarely saw that boy cry unless he didn't get his way." The happy go
lucky toddler loved to ride his Papa's tractor. Too young to say
tractor, Baxley would call it a "vroom, vroom." Baxley was also his
Nana's best co-chef who tasted almost every cake before it could bake.

"My grandkids call me Pa-Pa so J.T. calls me Pa-Pa," Mize said. He watched
Baxley grow up. Mize and his wife felt like Baxley's second set of
grandparents. Ever since deputies knocked on the Baxley family's door
with tragic news, he's taking on the role of spokesman for a grief
stricken family. "This loss has totally devastated the whole Baxley family," Mize said.

Baxley's mom, Crystal Baxley, divorced the
man investigators say abused the child. Their custody plan included
summers in Florida with her ex-husband Garwacki. He and his girlfriend had a
daughter of their own who is the same age as Baxley. Investigators say
Garwacki and O'Connell beat Baxley and never got him the medical care he
desperately needed. Mize says the family never saw signs of abuse.
"That was never a thought J.T. has been to Florida before without
incident," Mize said. "He went down last summer for awhile."

Garwacki and O'Connell could face murder charges. Prosecutors are waiting on
final autopsy results. No matter what charges are filed, it won't bring
Baxley back. Something the small Missouri town of Sarcoxie is struggling
to understand. "It has shook the foundations around here we are a small
community 1,800 probably," Mize said. He says the small town is missing
a small boy and trying to understand why he was violently taken so soon.

Detectives say the couple admitted to hitting the boy for
not listening or learning properly. Officials have not released the
exact cause of the toddlers death. A memorial service will be held
Thursday, August 19 at House Funeral Home in Sarcoxie.

Hillsborough County Sheriff's Office News Release:
On August 10, 2010 at approximately 9:34 p.m., deputies were dispatched to
14023 Lemon Valley Place for a report of a 3-year-old child who was not
breathing. Deputies and Hillsborough Fire Rescue personnel responded
and found an unresponsive child who suffered from extensive trauma to the body.

The child was transported to St. Joseph's Hospital for
treatment and died a short time later. Homicide detectives have
determined that the child has been residing with his father and the
father's girlfriend, Kara O'Connell, for approximately one month after
Garwacki picked up the child from Missouri and brought him back to Tampa.

While the child resided with his father, he had been the
victim of aggravated abuse and neglect by both suspects. In addition,
neither suspect sought any medical care or assistance after he was
injured until authorities were summoned on the reported date.

The investigation is ongoing and additional charges are anticipated.

A sheriff’s department spokesman in Florida who is investigating the
death of a 3-year-old Sarcoxie boy said murder charges are likely to be
filed against the child’s father and the father’s girlfriend.

“We’re anticipating it’s going to be upgraded to homicide,” said Larry
McKinnon, a deputy with the Hillsborough County Sheriff’s Department in
Tampa, Fla. “We certainly don’t believe he died of natural causes.”

The victim, John Taylor Baxley, was pronounced dead Aug. 10 at St.
Joseph’s Hospital in Tampa. McKinnon said autopsy results are expected
later this week. Those results, he said, would likely form the basis of
any additional charges against the couple.

“(A report) is still currently with the medical examiner’s office,” he
said. “They’re going over the injuries. At the time (Baxley) was brought
to the hospital, he had fresh injuries. They’re also looking at any
previous injuries he might have had.”

Justin Garwacki, 26, and Kara O’Connell, 21, both of Tampa, are being
held in the Hillsborough County Jail without bond. They are charged with
three counts of aggravated child abuse, two counts of neglect, one
count of child abuse and a count of failing to report child abuse. All
the charges are felonies.

Baxley had been staying at the home of his father, Garwacki, in Tampa
since at least June 28, according to authorities. The boy apparently had
been staying with his father for the summer. His mother lives in
Sarcoxie.

Attempts to reach the victim’s family were unsuccessful Tuesday.

A police report alleges that the boy suffered repeated physical abuse at the hands of Garwacki and O’Connell.

According to the report, Garwacki called 911 at 9:34 p.m. on Aug. 10
and told the operator that his son was not breathing. Paramedics who
responded initiated cardiopulmonary resuscitation and took the child to
the hospital.

Garwacki told police that he left the home at 7 p.m. that day and
returned at 9:30 p.m. to find his son not breathing and his girlfriend
“yelling to call 911.”

O’Connell told police that the boy had started vomiting after having a cereal bar and some juice.

Both defendants allegedly told police that they had physically abused the child over the course of six weeks.

The police report states that the child had “a large amount of bruising
to his face, chest, legs and genital area.” The victim also had a bite
mark on his right calf and a possible broken left arm.

McKinnon, the sheriff’s deputy, said the boy’s head was severely
burned, and that the couple told police that they microwaved a sock full
of uncooked rice and placed the heated sock on a bruise on the child’s
forehead.

“The key to this whole thing was (the abuse) was never reported,”
McKinnon said. “Any time a child is injured, and there’s any hint of
suspicion, it’s got to be reported to authorities. During the entire
time he was here, they never once sought medical treatment. Because they
never sought treatment, this kid was suffering the entire time.”

It is not the kind of birthday party parents want for their 4-year-old. This particular little boy wasn't even there.

J.T. Baxley lived in Sarcoxie with his mother. The toddler was killed in August while visiting his biological father in Florida. The man and his girlfriend are charged in his death. Saturday, those who loved him gathered in Sarcoxie to celebrate what would have been his fourth birthday.

It was the perfect party; cake, activities, friends and family. The only thing missing was the birthday boy.

"There's not one thing I don't miss about him."

He's been missing for nearly three months.

"It's one of those things- you can't believe that he's gone," says Crystal Baxley.

She threw a party in her son's memory.

"That's how I wanted to tell him I'm ready to accept the fact he's gone."

The Sarcoxie park, one of J.T.'s favorite places, was the perfect setting to share stories, but also the sad truth.

"This tragedy can be prevented by awareness. We want to prevent this type of life celebration today," explains Dick Gold with BACA.

Crystal Baxley invited BACA- Bikers Against Child Abuse- to be guests at J.T.'s fourth birthday. They were too late to save him from what police call fatal physical abuse, but J.T.'s story is still alive.

"We do protection for these children. We escort them to court if they have to testify against their abuser. If they're afraid we will come to their house, stay on their property, camp out until they're no longer afraid," says Gold.

J.T.'s family says he was never afraid.

"'I'm going to get the mail, Nana.' 'Well wait for me!'" his grandmother recalls, laughing with a group as they recount J.T.'s independence.

"He loved playing, he loved going to the park, loved playing on the computer, watching early morning cartoons," him mother remembers.

Crystal is afraid- of another incomplete party.

"I don't want to see anyone else go through what we've gone through. It's not fair, not right."

26-year-old Justin Garwacki and 21-year-old Kara O'Connell were charged with abusing J.T. for six weeks over the summer. When police found him he had bruises all over, a bite mark on his calf, and a broken arm. Both suspects admitted to hurting the child.

Note: Thanks to a member of JT's family for sending the link to this update!

Almost six months after the death of a 3-year-old boy, the child's
father and the man's girlfriend have been charged with murder.

John Taylor Baxley died Aug. 10. Investigators said the toddler had
bruising on his body, a bite mark on his right calf and a possible
broken arm.

An autopsy ruled his death was a homicide.

The boy's father, Justin Garwacki, initially was arrested in August
on charges of aggravated child abuse and child neglect. Garwacki's
girlfriend, Kara O'Connell, faced the same charges.

Garwacki, 26, and O'Connell, 21, were indicted today on one count
each of first-degree murder, prosecutors said. Both remained in jail.

Investigators were awaiting the autopsy results before seeking murder charges, sheriff's spokeswoman Debbie Carter said.

The autopsy showed Garwacki and O'Connell contributed to the child's
death and that the injuries were inflicted over a long period of time,
Carter said. The injuries also were inconsistent with the explanations
provided by Garwacki and O'Connell.

On the day his son died, investigators said, Garwacki had struck him
several times and pulled a chair out from under him, causing the boy to
strike the floor with a thud.

O'Connell said she also struck the boy's face and body and once
lifted him by his throat because he wouldn't listen to her,
investigators said.

Hillsborough County deputies said Garwacki and O'Connell had been
responsible for the child's welfare since June 28. Garwacki had picked
up his son from Missouri, where the boy's mother lives.
http://www2.tbo.com/content/2011/feb/03/031757/dad-girlfriend-charged-with-murder-in-toddlers-dea/news-breaking/

O'Connell said she also struck the boy's face and body and once
lifted him by his throat because he wouldn't listen to her,
investigators said.

---Anger Management issues there Kara??? Dumb-ass

Couple pleads not guilty to child abuse charges
Mon, 20 Sep 2010

Justin Garwacki and Kara O'Connell pleaded not guilty in a Hillsborough County courtroom to aggravated child abuse and child neglect charges after Garwacki's 3 year old son...
-

Automatically Generated Transcript (may not be 100% accurate)

A Hillsborough County couple accused in a horrific child abuse case says that Justin Garwacki and Kara O'Connell pleaded not guilty to aggravated child abuse and child neglect charges. Here's channel is Chip Osowski tells us because of what happened to the three year old victim they could soon face a more serious charge.

Investigators say the abuse happened at this Citrus Park home and -- the victim was -- his own three year old son. They say he was beaten burned and bitten. The boy died from his injuries last month.

"Well we obviously saw some fresh injuries on the child but there were some evidence that the child had some injuries that. They have gone back several weeks so we do think that that the child has been abused before."

In court today are Justin Garwacki entered a not guilty plea to the charges. His girlfriend did not appear but also entered a written plea of not guilty.

Ron Garcia has lived in this tight knit neighborhood for two decades and has never seen anything like this -- neighborhood was a pretty upset -- it can't believe. And then act of frenzied they they just -- they kept to themselves but they have a little girl and I know the little girl.

Given the money used to take it could have pulled most of the time investigators are still trying to figure out. Who injured the boy? Was it his own father or his father's girlfriend, as they both have admitted to striking the child. But prosecutors have yet to release autopsy results on the official cause of death. Nor have they said if one or both of the defendants will face murder charges.

But the deputies are holding Garwacki and O'Connell without bond their next court date is scheduled for November 4.

http://video.tbo.com/v/34313073/couple-pleads-not-guilty-to-child-abuse-charges.htm

Poster's Note: Video at this site interviews cop & neighbor. The neighborhood is pretty fancy. Why Garwacki minded paying $259 a month child support is beyond me.

After murder trial delay, Hillsborough judge threatens to jail lawyers

By John Barry, Times Staff Writer

Wednesday, January 2, 2013 12:58pm


TAMPA — A circuit judge erupted Wednesday when he discovered a trial for the first-degree murder of a toddler two years ago faced an indefinite delay after a top lawyer for the Public Defender's Office resigned, got fired and is getting married all at the same time.


Hillsborough Circuit Judge Chet Tharpe said the case was among his top priorities this year and he has laid awake at night concerned about its complexities. It involves Justin Garwacki, 28, and his girlfriend, Kara O'Connell, 23, both charged with first-degree murder and aggravated child abuse.

Prosecutors say Garwacki fatally beat his son, John Taylor Baxley, in August 2010 as punishment for not eating properly. The state says John's death followed weeks of abuse at the hands of Garwacki and O'Connell, including pouring water over the toddler's head in the bathtub to teach him how to hold his breath and lifting him off the ground by his throat.

The couple was to stand trial on Monday, Jan. 7. But at a pretrial hearing Wednesday, Judge Tharpe learned that Garwacki had lost his public defender. In addition, the public defender had not filed all his motions and was missing a witness.

At the center is Greg Hill, one of the Public Defender's Office's top lawyers. Tharpe learned that Hill is no longer with the Public Defender's Office and is about to move to Arizona.

The judge had Hill summoned to court immediately. He said he hoped to ask Hill to stay on the case so the trial could be held on time. Hill showed up minutes later in a T-shirt and jeans, interrupted from packing.

Hill told Tharpe he had expected to be ready for trial, but learned in late December that a key witness would be unavailable. Not notifying the court, Hill said, "was an oversight on my part."

At the same time, Hill said, he had been offered a post with the law school at Arizona State University. He said he gave notice of his resignation to Public Defender Julianne Holt on Dec. 26, hoping to remain a couple of weeks to help with the reassignment of his cases.

But he said Holt terminated him on the spot.

"My computer access and emails were blocked. I was effectively shut down."

On top of all that, Hill said, he was about to do the "unthinkable." He is leaving for China in a few days to get married.

It left Tharpe in the awkward spot of congratulating Hill for his upcoming wedding while chastising him for his lack of "common courtesy."

The judge set a Jan. 10 hearing date to try to figure out when Garwacki and O'Connell will finally go to trial. Hill apologized. Public Defender Holt did not return a call for comment.

Tharpe vowed to severely punish the next attorney who causes a delay in the case.

"Because the stakes are so high in this division, I don't baby lawyers," the judge said.

"The next time, I'm going to contact the Florida Bar and, if I think the violation was intentional, I'm going to put a lawyer in jail."


http://www.tampabay.com/news/courts/criminal/after-murder-trial-delay-hillsborough-judge-threatens-to-jail-lawyers/1268654