West Virginia State Police testified Tuesday at a preliminary hearing that Jenkins' aunt, Tonya Sloan, drowned him, and then days later tossed his body into the Ohio River after she and her boyfriend, Anthony Milam, had eaten dinner at a South Point drive-thru.
The child's body has never been found.
Trooper First Class Mike Parde testified that based upon the investigation, he believes Sloan placed the child on a tire rim, tied him with weed-eater string, put him in a garbage bag and placed him in the back of a sports utility vehicle.
Parde testified Sloan has told police she and Milam then went the South Point Taco Bell, picked up dinner and stopped just shy of the "Welcome to West Virginia" sign on the 17th Street West Bridge, where she tossed the child's body into river.
Sloan and Milam, both 27, are charged with first-degree murder of a child by a parent, custodian or guardian because they contributed to the child's death by not seeking medical attention, according to criminal complaints filed in Cabell County Magistrate Court.
White said she had asked Sloan to care for Jenkins temporarily in early November, while she worked two jobs and cared for three other kids.
Milam told police Sloan had drowned Jenkins at the couple's Salt Rock home after the child soiled himself Dec. 15. She then placed the child's body in a Lincoln County creek, retrieved it and finally tossed it off the 17th Street West bridge days later, according to testimony offered by Trooper First Class Edgar Blankenship Tuesday afternoon.
Milam's defense attorney, David Brown, argued Tuesday afternoon that his client is not criminally responsible for Jenkins' death, and he said there was no duty for Milam to call 911 after he sped home with his flashers on, checked Jenkins' condition and encouraged Sloan to call for help.
Parde testified that Milam told police Sloan called him on Dec. 15, alerting him to a medical emergency. Once he arrived the couple's residence, Parde testified that Milam told police he found Jenkins sitting in a chair where he described the child's body to be warm with no detectable heartbeat.
Blankenship testified that Milam told police Sloan knocked the phone from his hands when he attempted to call 911, but Milam still made no effort to contact 911 after leaving the residence.
Parde and a correctional officer from the Western Regional Jail testified that Sloan has made attempts to clear Milam's name from any wrongdoing since the incident. However, Parde said those stories were inconsistent with Milam's statement to police.
Sloan's attorney, Kerry Nessel, said his client remains adamant that she did not harm the child and said she is helping police try to locate the child's body
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