Boyfriend tosses baby from car; mom sues agencies for failure to protect (Tampa, Florida)

Boyfriend RICHARD MCTEAR, JR. forced his way into his girlfriend's apartment, beat her, threw her three-month-old son on a concrete floor, then took off with the baby. McTear later threw the baby from a car onto Interstate 275, resulting in the baby's death. Now the mom, who at 17 is still a foster child in the State of Florida, is suing three agencies for focusing on HER parenting skills, rather than keeping her safe from McTear.

http://www2.tbo.com/content/2009/jun/30/302057/mom-baby-tossed-car-plans-sue-sheriffs-office/news-breaking/

Mom of baby tossed from car plans to sue 3 agencies

Tribune file photos
By JOSH POLTILOVE The Tampa Tribune
Published: June 30, 2009
Updated: 06/30/2009 08:57 pm

TAMPA - A teen mother whose baby was thrown from a car onto Interstate 275 plans to sue the agencies she says could have prevented her son's death.

Attorneys for Jasmine Bedwell have sent notice of intent letters to the Department of Children & Families, Hillsborough Kids Inc. and the Hillsborough County Sheriff's Office.

In the letter, St. Petersburg lawyer Joel Yanchuck says DCF's mishandling of the case led to the death of 3-month-old Emanuel Wesley Murray. DCF also failed to keep Bedwell's ex-boyfriend, Richard McTear Jr., from harming her, according to the letter received by the child protection agency June 15.

Prosecutors say McTear forced his way into Bedwell's apartment May 5, beat her and threw Emanuel on a concrete floor before driving off with the boy. McTear threw the child out of a moving car onto the shoulder of I-275, deputies say.

McTear is charged with first-degree murder, aggravated child abuse, kidnapping, felony battery and burglary with battery. He has pleaded not guilty to all charges. Prosecutors are seeking the death penalty.

Jeff Rainey, chief operating officer of Hillsborough Kids, said he wasn't shocked when his agency received the notice of intent to sue.

"Everybody has a right to sue anybody," he said. "We can't control it."

Hillsborough Kids oversees local foster care programs for the state. Rainey said the agency continues to provide services for Bedwell, a foster child.

Sheriff's office attorney Tony Peluso confirmed a letter about a lawsuit had been received but declined further comment.

State law gives the department six months to review such claims.

DCF regional director Nick Cox confirmed the agency also received the notice of intent.

Bedwell could not be reached for comment Tuesday. Her mother said she was unaware of the letter and had not talked to her daughter recently.

Bedwell, 17, and McTear, 21, had a stormy relationship and she had sought a restraining order against him. He is not Emanuel's father.

Prior to the child's death, sheriff's investigators closed a child abuse case against McTear after Bedwell said she would seek a permanent restraining order against him.

Bedwell kept custody of her son after investigators and child welfare officials determined she was doing everything she could to protect him.

A DCF probe after Emanuel's death found that foster-care caseworkers were so focused on helping Bedwell that they underestimated the danger McTear posed to her son.

Workers also neglected to run a background check on McTear when he became involved with Bedwell, who was living on her own but being supervised by the state.

"We dropped the ball," Rainey said after the report was released in May.

The report also noted that the sheriff's office, which investigates child abuse and neglect, deemed a threat to Bedwell as "intermediate" based on the criminal histories of Bedwell and McTear.
The threat dropped to "low" after Bedwell filed an injunction to keep McTear away and said she would follow through on a court order.

She didn't.