GREEN BAY, Wis. — A Wisconsin father is accused of killing his 2-year-old son and attempting to frame his own father for the crime, while enlisting him to help evade police capture, according to prosecutors.
James VanderLeest, 21, allegedly claimed that his son, Leo Escalante, died after falling down a flight of stairs while under the supervision of his grandfather, David VanderLeest, 48. However, an autopsy determined the child’s cause of death was an “acute incident,” not consistent with a fall, Fox affiliate WLUK reported.
While James VanderLeest has not yet been formally charged, authorities expect he will face multiple felony charges connected to the child’s death. His father, David VanderLeest, is already in custody and is expected to be charged for allegedly aiding his son in fleeing and hiding at a relative’s cabin as police searched for him.
Florence County Deputy District Attorney Wendy Lemkuil said in court this week that David and James VanderLeest barricaded themselves inside a home for 20 to 25 minutes, refusing to come out until police deployed a flash device.
“To indicate he was anything other than obstructive is ridiculous,” Lemkuil said of David VanderLeest.
During a court appearance on Monday, bail for James VanderLeest was set at $2 million. David VanderLeest’s bail was set at $100,000 cash.
In court, David VanderLeest insisted he was never at his son’s house when the boy sustained his injuries, contradicting police allegations.
“The facts in this case are what they are,” David VanderLeest said. “My statement, the written statement I gave, did not say that I was there.”
David VanderLeest accused prosecutors of lying about his involvement and denied knowingly helping his son evade arrest.
“I did not leave with my child after this horrible accident happened to our family,” he told the court. “My child was very suicidal. I went and found him to make sure I didn’t find him hanging from a tree.”
According to court documents, James VanderLeest has four other open criminal cases in Brown County, including charges of strangulation and suffocation, disorderly conduct, battery as domestic abuse, and multiple counts of bail jumping. The mother of Leo Escalante reportedly had an order of protection against James VanderLeest.
“James actually told her to say that his dad was the one who was there with the child at the time,” Lemkuil said.
James VanderLeest is scheduled to return to court on July 16. David VanderLeest is due back in court on July 17.
“For him being able to run for his life to a cabin in the woods with his dad, my nephew doesn’t get to run on this Earth again,” said Keri Tucker, the aunt of Escalante’s mother. “For that, you need to stay in those brick walls, James.”
