State attorneys appointed in child death case

Attorneys with the Nebraska attorney general’s office will serve as special Holt County attorneys, to prosecute a case involving the death of a 13-month-old child.

Bryor Weekley, born May 14, 2020, died July 8, allegedly as a result of child abuse at the hands of his biological father, John T. Applegarth, 22, of O’Neill.

A Class 1B felony charge of intentional child abuse which resulted in the child’s death was filed against Applegarth on July 19, by Holt County attorney Brent Kelly.

A warrant for Applegarth’s arrest, including bond set at 10% of $1 million, was signed by the Honorable Kale Burdick on July 20. It was served that day at the Holt County Jail, where Applegarth was being detained, pending posting a $5,000 cash bond in another case.

Applegarth requested court-appointed counsel, specifically requesting a Neligh attorney, Martin Klein, who had been appointed in the other pending case. On July 22, Burdick appointed the Nebraska Commission of Public Advocacy to represent Applegarth, subject to an indigency hearing to be held at his first court appearance in the case, scheduled Aug. 10.

The Honorable Mark Kozisek, Holt County district court judge, on July 27 approved Kelly’s request for the appointment of the attorney general’s office to serve as special prosecutors in all matters related to the county court case and any resulting district court proceedings.

A probable-cause affidavit filed by Kerry Crosby, a special deputy state sheriff, working as an investigator for the Nebraska attorney general’s office, indicated he began assisting the O’Neill Police Department with the investigation July 14.

According to Crosby, O’Neill police responded to a 911 call to 919 East Everett Street in O’Neill at 6:40 a.m. July 6, for an unresponsive child. Responding officers observed the child’s mother, Sadie Weekley, performing CPR on the child, in front of the residence. The toddler was transported to Avera St. Anthony Hospital in O’Neill. He was transferred to Children’s Hospital in Omaha, where it was determined he had a significant brain injury.

The child’s mother was interviewed at Children’s Hospital, according to the special deputy, saying the baby was fine on July 5, except for being a little cranky due to teething and a suspected ear infection. The child had been left in Applegarth’s care while Weekley worked three short shifts that day. When she returned home from the second shift at about 8 p.m., Applegarth informed her the baby had fallen out of bed. Weekley said she used a flashlight to check his pupils and he appeared to be fine.

When she came home from the last shift at 12:53, she peeked into the bedroom and found him sleeping, but did enter the room. She also said she and Applegarth had bickered about Applegarth having to watch the child and his four-year-old half-brother. He later apologized and they watched a movie, after which she fell asleep.

Applegarth allegedly woke her the next morning saying there was something wrong with the baby, that he had been crying and when he tried to calm the child, he began convulsing. Applegarth handed the child to Weekley and she said the boy went limp. She ran with him to her car, which wouldn’t start. Applegarth then dialed 911 on Weekley’s phone.

According to Crosby, upon admission to the O’Neill hospital, the child was observed to have several bruises to both sides of his face and forehead and bruising in his right ear. Weekley reported there were only two bruises on his forehead the last time she had seen him on July 5.

Crosby said a child-abuse pediatrician who treated the child at Children’s told him the child’s injuries were consistent with abuse and he would have become quite obviously symptomatic in a very close proximity in time from when injuries were inflicted. The special deputy alleged Applegarth was the only adult to have been with the child between 10:24 p.m. July 5, when Weekley left the home for her third shift and about 6:40 a.m. July 6, when Applegarth woke her.

Crosby reported the child was treated for two days at the Omaha hospital before he was pronounced dead the afternoon of July 8. An autopsy was conducted July 12, with the cause of death determined to be head trauma