BALTIMORE, Md. — The father of 6 year-old Brian Graham, who passed away in Baltimore last week after allegedly enduring abuse by his mother and her fiancé, had been fighting for sole custody of his son, WMAR-2 News has learned.
The 6 year-old was found unresponsive in a tub of hot water in an apartment building on Greenspring Avenue late last Wednesday night.He was rushed to the hospital, where he later died. The Medical Examiner ruled the death a homicide due to blunt force trauma. Brian was suffering from internal bleeding in the head and torso, a lacerated liver, and multiple fractured ribs. His mother, 34 year-old Jalesia Offer, and her partner, 34 year-old Brandon Wheatley, were charged with first-degree child abuse resulting in death.
According to documents obtained by WMAR-2 News, in January 2024, Charles Graham filed a petition for sole legal custody, and requested an emergency hearing through Charles County Circuit Court.
Explaining his reasoning, Graham wrote in the petition, "He is scared to go home with his Mother, there is currently a Temporary Protective Order in place for abuse and the fact that the mother keeps putting him in dangerous situations. I am the parent best able to keep him safe. He offered to allow supervised visitation every other weekend with Brian's mother.
The request for an emergency hearing was denied by a Charles County judge.
As the legal process continued, the court ordered both parents to attend a co-parenting education seminar, "designed to help parents keep children out of the middle; help children adjust to the reality of separation" etc.
In a counter-complaint Offer's attorney wrote: "Defendant has been the primary caretaker of their child since birth and the minor child has resided with her since birth. Defendant is a fit and proper person to have sole physical and legal custody of the minor child [...] Defendant is currently employed and has sufficient income to properly support and maintain the parties' minor child and herself[...] It is in the best interests of the minor child that the minor child reside with the Defendant, who is prepared to give him proper care."
The most recent hearing took place virtually on August 16th. Offer's attorney requested an in-person hearing, which was granted and scheduled for August 27th. Brian passed away on August 21st.
In a document filed in court on August 25th, Offer's attorney, David Williams, informs the judge, "Please note that the child of the parties has died. I nor my client will appear for the scheduled 1pm hearing on August 27 [...] I'm currently filing for dismissal of the case."
The case was dismissed. Brian's 8 year-old brother, who Baltimore City detectives say also showed signs of potential abuse, was taken into custody by Child Protective Services.
On behalf of his client, attorney David Williams tells WMAR-2 News: "The custody case has been closed. She has always been the primary caretaker of the minor child and has served his best interests."
A spokesperson for the Maryland Department of Human Services, which oversees Child Protective Services, tells WMAR-2 News in a statement:
"Privacy laws prevent me from providing specific details, however Child Protective Services is required to thoroughly investigate the circumstances leading to a child's unexpected death. The initial focus of the DHS review is to ensure any other children in the family home are safe and placed in the most appropriate setting. CPS also seeks to determine the nature, extent, and cause of any child abuse or neglect that may have occurred and, if possible, the person responsible for the abuse or neglect. The results are then shared with law enforcement."
We talked to Stacey Brown, executive director for The Family Tree, a Baltimore nonprofit for child abuse prevention and family support services. She encourages families to educate their children on what types of behaviors by adults are appropriate or not, but stresses that the burden is on adults, not kids, to report abuse.
“There are some really tell-tale signs. If you have a child who the family or the caretaker considers very clumsy, for instance, this child always has a bruise, always has a broken arm, there’s always something, and the bruises don’t make sense,” she tells WMAR-2 News' Elizabeth Worthington.
She says reluctance to report is usually the biggest issue in child abuse cases.
"Lack of reporting is a huge issue because people often fear that the child will be worse off. One - the child will be removed, and where will the child go. They will be a part of the foster care system and people fear what would happen in that environment. And often people are like, well it’s not that bad, or I don’t really think they did it. […] Sometimes people just don’t want to get involved, unfortunately."
She wants people to realize that the burden of proof is not on them, when they file a report.
"You do not need all the proof. It is for CPS to do the investigation and gather the proof. You just need to make the report."
But we asked Brown what she suggests to parents who do report, and are frustrated by the sometimes-lengthy process.
"I can understand sometimes people feel helpless. You make the report, and you’re like, nothing happened. You don’t always know that nothing happened. Just because you made the report you may not get the information. But I will also say, keep reporting. If you know that something is happening today, and it happens two weeks from now, a month from now, make that report every single time," she tells WMAR-2 News.
The Family Tree has plenty of resources for parents and families, including free short-term child care, and a 24-hour parenting help-line. The number is 800-243-7337.
