Prosecutors say a Clayton County teacher accused in the drowning of his 11-year-old disabled stepson may have left him in the bathtub to smoke marijuana, according to Channel 2 Action News.
Michael Smith, 32, is charged with murder and child cruelty after police say he left his autistic, wheelchair-bound stepson, Tyrone Lee, 11, in a bathtub in June.
Smith was at a court hearing Thursday where a judge determined there was enough evidence to proceed with the case, Channel 2 reported.
A detective at the hearing testified Smith gave several reasons for leaving Lee in the bathtub: He went downstairs because two other children were fighting; he went to make the other children breakfast.
It was originally reported Smith went to tend to three children, one of whom was a 6-month-old baby.
Detectives said Smith was gone for five to 10 minutes and in that time smoked marijuana, Channel 2 reported. A warm marijuana blunt in the garage told police it was recently smoked.
“That’s the only time he could get alone time or quiet time,” Det. Michael Ward said in court.
But the defense said until results from a drug test or autopsy come back, there’s nothing that proves Smith smoked marijuana or that a drowning happened.
When Smith’s attorney Marsha Mignot asked for evidence of the drowning from Ward, he said “I’m waiting for the autopsy report.”
Smith had no prior arrests and there was no signs of abuse when police investigated the June 7 incident, the Atlanta Journal-Constitution previously reported.
The Smith family troubles didn’t end with the father’s arrest.
Mother Dana Smith was charged with obstruction July 7 after police say she refused to hand over two of her three children to the Division of Family and Children Services and refused to cooperating with the investigation.
Kimberly Bandoh, Dana Smith’s lawyer, said her client made arrangements for her 6- month-old baby to be in DFCS care, but the other two were in Detroit with their grandfather. DFCS hadn’t visited the home before this case.
Dana Smith told Channel 2 her husband loved his stepson and there was no doubt in her mind it was an accident.
“He’s been there since he was 3,” she said. “There’s no murder. At all. This was just an accident. That’s all it was.”
Dana Smith said she believes her son had a seizure and became stiff.
“I think what happened was since he wasn’t in control of his body, he just slid into the water,” she said, “my son would not be proud of me if I didn’t fight for his dad.”
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