A couple from Michigan is facing a felony charge for second-degree murder, torture, and child abuse because of the recent death of their paralyzed 7-year-old son, weighing 255 pounds, in November. The felony charges were announced by authorities on Monday, June 29th, following the autopsy report of medical neglect.

Both Damien O’Brien, 40 years old, and Jessica O’Brien, 41 years old, remain under arrest and have no bail at the Genesee County jail, which is about an hour northwestern of Detroit. The arrest and arraignment took place last week, and their probable cause hearing will be on Thursday.

Medical examiners listed the child’s cause of death as dilated cardiomyopathy, a condition where the heart enlarges and weakens, with extreme obesity cited as a major contributing factor.

“They knew enough to call the veterinarian the very morning the child went into (cardiac arrest) because the dog was sick. But yet they don’t take the kids to the doctor. (It) doesn’t make any sense to me.”

— Genesee County Prosecutor David Leyton, Fox2detroit

At 4 feet, 2.5 inches tall, the nonverbal Michigan boy suffered from a severe bedsore and extensive rashes while living amid piles of trash, investigators reported.

Attorney Elias Fanous, who is the lawyer representing Damien O’Brien, said that his client was still presumed to be innocent until proven guilty beyond a reasonable doubt. The lawyer representing Jessica O’Brien failed to comment on the ongoing murder investigation.

 

A secondary child abuse charge stems from the living conditions of the Michigan couple’s five-year-old cream daughter. State officials removed the girl from the residence and placed her into emergency foster care immediately following the death. 

“What we allege is that he was not fed in a nutritious way. He was neglected and he was abused and his diet is part of it, and not getting whatever help he needed because he was nonverbal as part of it. All that adds up to an extreme case of child abuse resulting in someone’s death.”

— Genesee County Prosecutor David Leyton, Wnem

“This was a sad and horrific case involving the wanton and willful neglect by two parents for the care, welfare and medical needs of their son. Their neglect led to their child suffering severe bed sores, various rashes and other physical health disorders.”

— Genesee County Prosecutor David Leyton, Nytimes

The tragic case is an example of how the social safety net is vulnerable in its ability to hold someone accountable for the well-being of non-verbal children who have no connection with the outside world. The fact that the child had not attended school in that community meant that his poor physical condition went unnoticed by any mandated reporters.

The ongoing prosecution serves as a grim marker of how chronic medical neglect can cross the legal threshold into criminal homicide. With a trial looming, local child welfare agencies face renewed scrutiny over tracking mechanisms for children who fail to meet basic educational and medical milestones. 

Disclaimer: Inquisitr individually couldn’t confirm facts and is reporting based on the information available.