In posting these charges we as a community owe it to ourselves in not gossiping about the alleged events. It is the gossip that is harmful to all. Please be sensitive to others when talking about this tragic event to both families involved. The purpose of this post is to accurately state the allegations.
STATE OF MINNESOTA COUNTY OF BIG STONE
COUNTY OF BIG STONE EIGHTH JUDICIAL DISTRICT
State of Minnesota,
Plaintiff,
vs.
ZACHARY JAMES RAFFETY
(DOB: 111611990),
954 Stephens Avenue
Ortonville, MN 56278
Defendant.
PROSECUTOR FILE NO. 36.5C65.0206
CRIMINAL COMPLAINT
o Summons [XI Warrant o Order of Detention
o Amended o Tab Charge Previously Filed
The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is probable cause to believe that the Defendant committed the following offense(s):
Charge:
Minnesota Statutes:§§ 609.19, subd. 2(1); 609.221, subd. 1
Maximum Sentence:
COUNT I
Murder in the Second Degree
Imprisonment for 40 years.
The above-named defendant on or about October 26, 2009, at the City of Ortonville in Big Stone county did unlawfully, wrongfully cause the death of a human being, Avory James Raffety, on October 30, 2009, without intent to effect the death of any person, while committing or attempting to commit the felony offense of assault in the first degree.
STATEMENT OF PROBABLE CAUSE
The Complainant states that the following facts establish probable cause:
Your complainant is Special Agent Kenneth McDonald of the Minnesota Bureau of Criminal Apprehension. The information contained in this affidavit was gathered personally by your affiant, through review of medical records, or through review of transcripts of interviews by other law enforcement officials whom your affiant believes to be reliable and truthful.
Avory James Raffety was born July 18,2009, in Sioux Falls, South Dakota. He was born prematurely and weighed 3.13 pounds at birth. He was born by repeat cesarean section after 32 weeks gestation. A vory was in the neonatal intensive care unit at Sanford Children's Hospital from July 18-August 27.
His discharge weight was 5 pounds, 15 ounces. No respiratory
assistance was needed.
Avory's mother was Tiffany Lynn Larson, date of birth 3/22/1988. His father was Zachary James Raffety, date of birth 1116/1990. The parents had most recently been living together although they were unmarried at 4 Southeast Fifth Street, Apartment #4, Ortonville, MN 56278.
On September 14,2009, Tiffany Larson had gone back to work. Once Ms. Larson was back at work Avory was cared for by the defendant or Ms. Larson's sister Heidi. Medical records from the Ortonville Area Health Services reflect that Tiffany Larson took Avory to the hospital for a follow-up visit on August 31, 2009. He was seen by Dr. Stacy Longnecker, who noted that his weight was 6 pounds 4 ounces and his temperature was 96.5 degrees. His fontanel was supple, his eyes were normal, and his ears were clear on both sides.
His neck was supple without nodes and his lungs were clear. Dr. Longnecker noted that the abdomen was soft and that there was no heart murmur, rashes, or edema. His extremities were well perfused.
On September 19, 2009, defendant took Avory to the clinic where Dr. Ronald Beyer noted that "mom is working so was brought in by the dad who did not have a real good handle on what was going on." It was reported that Avory had been fussy since yesterday and was not eating as well. Home temperatures were reported to be 102 degrees for the past two days. He weighed 8 pounds, 10 ounces and was noted as being "fussy but did not appear acutely ill." The abdomen was not distended, the ears were clear as were the lungs. An x-ray showed a lot of gas and some stool in the rectum. The doctor diagnosed mild to moderate obstapation. He was sent over to the hospital for an enema with good results.
On October 13, 2009, he was taken to the clinic by the defendant who had "concerns about vomiting." The defendant reported that yesterday during the day he was not eating as well at daycare and started vomiting in the evening. He would only take 2 to 3 ounces at a time and has vomited with almost every feeding. The father said that once or twice it did seem to be projectile vomiting but otherwise it was described as more of a spitting up. A vory' s weight was 10 pounds, 3 ounces and his temperature was 97.9 degrees. The fontanel was soft and flat and the ears were both clear as were the lungs. A vory was sent to the lab for some results and Dr. Longnecker indicated they would follow up once the results were received. Dr. Longnecker recommended picking up some Pedialite and trying oral hydration. He was to follow up in the clinic the next day. The differential diagnosis was gastroenteritis but the doctor wanted to eliminate the possibility of pyloric stenosis.
On October 15, 2009, Tiffany Larson took her son in for a follow up visit. Ms. Larson reported that Avory seemed to be a little better and had not vomited since 8:30 the night before. He had not had a bowel movement in two days but the mother described him as very gassy. Ms. Larson described more fussiness and said he continued to spit up but had no further vomiting. His temperature was 98.4 degrees and he weighted 10 pounds, 2 ounces. Dr. Longnecker noted that Avory was awake and alert and that his fontanel was soft and flat. He had good capillary refill and there were positive bowel sounds. Ms. Larson wanted to try transitioning to a different formula, as she had had a similar experience with her daughter. Dr. Longnecker noted that there was no evidence for pyloric stenosis.
Dr. Longnecker also wanted to consider possible reflux in the diagnosis. Dr. Longnecker recommended a follow up visit in two weeks for a recheck.
On October 20, 2009,Ms. Larson took Avory into see Dr. Longnecker because of the mother's concerns about bruising. Ms. Larson told Dr. Longnecker that she first noticed a bruise on Avory' s right cheek about three weeks ago which she thought may have been from his moving into a crib from his basinet and that he may have rolled into the edge of his crib. A week later Ms. Larson said she noticed a bruise on his arm which was also unexplainable. On October 19 Ms. Larson reported noticing bruises on his lower leg and a reddened area of his right eyes.
Ms. Larson reported that Avory did go to daycare at her sister's home. At that point Ms. Larson did not have any concerns for abuse. Dr. Longnecker fourtd that Avory's temperature was 97.6 degrees and his weight was 10 pounds. A vory was noted to be awake and alert in no acute distress. His fontanel was soft and flat. In his right eye the doctor noted two subconjunctival hemorrhages, one of the inner sclera superior to the iris and the other in the inner sclera inferior to the iris. Dr. Longnecker saw two irregular shaped bruises on the left lower leg.
Because of concerns over non-accidental trauma a skeletal survey was done. The left tibia and fibula area did not appear normal. Dr. Longnecker discussed with Ms. Larson that they needed to rule out
any blood disorder. Dr. Longnecker wanted to recheck Avory's weight in two days.
On October 22, 2009, Ms. Larson again took Avory to see Dr. Longnecker. The skeletal survey was negative but Ms. Larson said that she had found two new bruises. One was beneath Avory' s chin and the other was on his right posterior neck. Ms. Larson had dropped A vory off at her sister's home for daycare and the bruises were not there. Her sister called her after she got the baby up from his nap and stated that she could see the bruises. When asked about the possibility of the father injuring the child, Ms. Larson said that the father would occasionally lose his temper with her; however, she was sure he would never do anything to hurt the baby.
Ms, Larson became very emotional when talking about the risk of someone harming her child. Dr. Longnecker had a long discussion with Ms. Larson and wanted to check further blood work to rule out a bleeding disorder. The doctor was concerned about non-accidental trauma and made a referral to social services.
On October 26, 2009, at 5:58 p.m. Avory was transported by car by his parents to the emergency room at Ortonville Area Health Services. Upon arrival he had no pulse and was not breathing. CPR was started at 6:00 p.m. and he was intubated at 6:06 p.m. A vory' s pupils were fixed and dilated and no spontaneous movements were noted. He was transported by air to Sanford Children's Hospital in Sioux Falls, SD. Prior to transport Avory was noted to have some jerking movements of the upper body. Upon arrival in Sioux Falls his pupils were small and nonreactive according to medical records from Sanford Children's Hospital. He had poor chest rise with agonal respirations. His fontanel was full and he had retinal hemorrhages as well as subconjunctival hemorrhages on the right, a bruise on his forehead, and an abrasion on his head. At Sanford he was taken for head, abdominal, and pelvis CT's. He was placed on a ventilator and admitted to the pediatric intensive care unit.
At Sanford a head CT was performed at 9:25 p.m. No skull fractures were identified but there was extensive subdural hemorrhage bilaterally and perhaps a component of subarachnoid hemorrhage along the right parietal region. The findings were consistent with diffuse cerebral edema and were determined to be presumably related to hypoxic ischemic injury. Radiologist Dr. Susan Duffek noted that in the "absence of a history of accidental major trauma, the imaging finding suggests non-accidental trauma." Dr. Wilson Asfora inserted an intracranial pressure monitor and noted that Avory had "massive brain swelling associated with small interhemispheric and left-sided subdural hematoma as well as a small right-sided intraparenchymal deep white matter hemorrhage."
Ophthalmologist Dr. Geoffrey Tuffy observed numerous intraretinal hemorrhages in the left eye even without having been able to dilate Avory's eyes. The chest x-ray was negative with no obvious rib fractures initially but a skeletal survey was going to be conducted.
Given the extremely grave prognosis for Avory, life support was discontinued on October 30,2009. Avory Raffety died at 4:40 p.m. on October 30,2009. An autopsy was performed by Assistant Ramsey County Medical Examiner Dr. Butch Houston. Dr. Houston found that Avory's death was due to traumatic head injuries and that his manner of death was a homicide.
Dr. Houston found that A vory had subdural hemorrhage, retinal hemorrhage, an abrasion to the back of his head, focal subgaleal hematoma and generalized cerebral edema. No significant natural disease processes were identified nor were there any congenital or gross developmental abnormalities noted.
Zachary Raffety was interviewed three times by BCA Special Agent Derek Woodford, who recorded each interview. Two of the interviews were on October 27 and the third was on November 2, 2009. Tiffany Larson was interviewed by Agent Woodford on October 27 and October 29, 2009. Recorded interviews were obtained by your affiant or Agent Woodford from the following individuals: Heidi Larson, Samantha Larson, DeWayne Larson, Rita Raffety, Richard Raffety, and Gloria Larson. Tiffany Larson's five-year-old daughter, Maria, was interviewed at Child's Voice in Sioux Falls, SD.
Both Tiffany Larson and defendant agree that on Monday, October 26,2009, that Avory did very well and was not having any problems up through the time that Tiffany left to go to Subway to get some dinner between 5:00 and 5:15 p.m. Avory was fed at 1:30 p.m. by Tiffany Larson and did not spit up. He slept from 2:00 p.m. until about 4: 15 p.m. Tiffany Larson got him up, changed him, and fed him.
Avory' s eyes were open and he took about three and one half ounces of formula. Avory was moving his arms and appeared to be perfectly normal. When Tiffany left to go to Subway, defendant took him from her. When Tiffany Larson returned from Subway at approximately 5:45 p.m., defendant was standing in the doorway of the apartment telling her to hurry up and come in. Defendant said that Avory had spit up and was not breathing. Defendant said that Avory could not catch his breath.
Tiffany Larson said that Avory was barely breathing and was "ghost white" or "grayish in color" so she called the hospital. Tiffany Larson called her sister to meet her at the hospital and to take her daughter Maria so that Maria did not have to go into the hospital. Defendant and Tiffany Larson
transported Avory to the hospital in Ortonville.
Defendant told Agent Woodford that when he took Avory from Tiffany Larson so that she could go to Subway, Avory "looked fine" and "looked like he was normal." After Tiffany Larson left defendant said that he was rocking Avory when he spit up about a quarter sized amount of material. Defendant said that at first it came out and ran down but that Avory then swallowed some of it and started choking.
Defendant said he set Avory on his knee and tried to burp him. Defendant said that did not work and "he started to get whiter" so that he took Avory into the bedroom to try to perform CPR.
Defendant said that he started CPR because A vory was not breathing at all. He said that he only did CPR for a minute and a half or so. After stopping CPR defendant said he brought Avory into the living room and put Avory on the floor. Initially defendant said that he did not know if he may have accidentally bumped Avory's head or something when defendant set A vory down on the floor because defendant was "panicking so bad and freaking out so bad that I might have actually set him down harder than I should have or a little bit harder."
Defendant said he then went into the kitchen looking for the cell phone that belonged to Larson but it was not on the counter because she had taken it with her. Defendant said he was going to call 911 but could not because he did not have her phone. Defendant said he thought about going to a neighbor lady's but he did not get along with her so he did not go out and knock on any doors in the apartment building.
Defendant said that he might have dropped Avory from a heighth of about 6 inches and later changed that to 4 inches. The floor was carpeted according to defendant. He also said that Avory might have hit his head on defendant's shoulder bone and that he was "the type of guy that don't realize my own strength." He also admitted that he had "been told I don't know my strength and I was so scared and paranoid I much so could a accidentally of slammed him down" on the floor.
Defendant said it was a "really hard floor." Defendant admitted that he had trouble controlling his temper at times. Defendant said that Tiffany had been rocking Avory for about 20 minutes before she gave Avory to him when she went to Subway.
When interviewed on November 2,2009, defendant agreed that he had said earlier that he gets frustrated. He also said that as he thought back on things, as he has told his family, "I'm 97 percent sure that I accidentally hit his head when I set him down. Probably like the 2 or 3 inches." During the third interview defendant said that it was probably 10 or 15 minutes after Tiffany Larson had left that Avory started choking and defendant started panicking.
He said that he tried setting A vory up on his knee, tapping his back to see if "if he'd choke it out. and that didn't work so then, like I said, I went and laid him on the floor and from there I think I'm more positive that he had to of hit his head like anywhere from 2 to 3 inch drop onto the concrete
cause that's what is under that, under our carpet there." Defendant did say in response to questioning that Avory's head was going back and forth while he was tapping him. Defendant reaffirmed that he had performed CPR for only about a minute and a half or so and after that is when defendant put Avory on the living room floor. Defendant said that from the time he set Avory down to get the phone Avory' s lips "got way more purple than they were" after his head hit the floor.
Defendant said that Avory "wasn't breathing and stuff and then like I said he really seemed a lot more white and his lips seemed a lot more purple after I bumped his head." Later in the interview defendant said that he was shaking when he was holding A vory and looking at him.
Defendant said that he was shaking "from being scared for probably about the whole time from after I had him sitting on my knee." Defendant demonstrated how he was shaking but later said "it could have been harder than what I was showing."
Dr. Adela Cacas-Melley was the attending physician for Avory at Sanford Children's Hospital. She made a referral to Dr. Nancy Free secondary to concerns of non-accidental trauma. Dr. Free interviewed both Tiffany Larson and defendant. Defendant told Dr. Free that on Monday Avory slept about two hours at a time and was fussy all day. He said that Tiffany left to go to Subway at 5:15 and at 5:35 Avory's face went all white and his lips were purple.
He said that Avory had spit up material about the size of a quarter right before Tiffany got back. He
told Dr. Free that he tried to do CPR "but did not really know what to do so really did not do much." T
Tiffany Larson told Dr. Free that on Monday Avory had some vomiting but slept more and had better sleep on Monday. Ms. Larson told Dr. Free that A vory was looking at her and making contact and was doing really well when he was fed about 3 ounces of Pedialite at 4:30.
At that time his eyes were wide open and he was tracking mom and connecting with her. Ms. Larson said that when she got home from Subway, A vory was breathing but was not breathing when they reached the hospital. Dr. Free's report of the consult notes that Avory's "head CT is remarkable for a subdural hematoma, subarachnoid hemorrhage, intraparenchymal blood, and very marked cerebral edema, again pending radiology review."
Dr. Free also noted that Avory "has a history of bruising on his face, head, and extremities which is noted in the weeks prior to admission. His posterior scalp has an abraded erythematous lesion which dad describes as looking like a 'rug burn.' There is a macerated lesion on the neck of uncertain etiology, possibly secondary to a ligature versus retained emesis with secondary skin breakdown."
Dr. Free is a child abuse specialist at Child's Voice. She was provided with the preliminary autopsy report and the transcripts of the three statements from defendant and the two statements from Tiffany Larson.
Dr. Free prepared a second report which stated:
Zachary Raffety describes Avory as being alert and making eye contact when his mother left for Subway in the afternoon of October 26,2009. When she returned, Avory was having problems breathing. It would have been during that time that Avory sustained his trauma, as he would have become symptomatic immediately, certainly within minutes, if not instantaneously.
There is no medical condition other than abusive head trauma which would explain his injuries and his clinical presentation. The fact that Avory was able to take a bottle and interact with his mother, and by dad's report of him as well, hefore morn left for Subway, he would not have had these injuries before mom left.
In his interview with Special Agent Derek Woodford, Zachary Raffety talks aboutshaking while holding A vory and bumping A vory' s head on the carpeted floor in a panic. The injuries sustained by Avory require significant force. The violent shaking and the head hitting the floor would be a very forceful hit on the head, not simply a fall from 4 to 6 inches or even 2 or 3 feet. Zachary talks about Avory having a change in his color as well as difficulty breathing and not keeping his eyes open.
These are quickly seen and are expected after a child has suffered injuries to the extent of Avory's. The bruises described by Avory's parents are most likely from nonaccidental trauma. A vory is a three-month old infant who was premature. He is developmentally not capable of moving in a way to bruise himself. Avory had a workup checking for bleeding disorders which show that his bleeding studies were normal.
Based upon the above-information your affiant has probable cause to believe that the
above-named defendant committed the offense of murder in the second-degree on October 26,
2009, which resulted in the October30, 2009 death of Avory James Raffety.
Complainant requests that Defendant, subject to bailor conditions of release, be:
(1) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or
(2) detained, if already in custody, pending further proceedings; and that said Defendant
otherwise be dealt with according to law.
COMPLAINANT'S NAME: COMPLAINANT'S SIGNATURE:
Special Agent Kenneth McDonald
Subscribed and sworn to before the undersigned this IG i J, day of Note mJ :::;(),r ,2009.
NAME tITLE: SIGNATURE:
Being authorized to prosecute thc offenses charged, I approve this complaint.
Date: PROSECUTING ATTORNEY'S SIGNATURE
Name: WillianlJ. Watson
Big Stone County Attorney
37 Northwest Second Street
Ortonville, MN 56278
Attorney Registration No. 0114911
FINDING OF PROBABLE CAUSE
From the above sworn facts, and any support affidavIts or supplemental Sw(,rn testimony, I, the h:;uing Officer, have determined thal probable cause exists to support, subject. to bailor conditions of release where applicable, Derendant's arrest or orner lawful SLeps to be taken [0 obtain Defendan['s appearance in court, or Defendant's detention, if already in custody, pending Jurther proceedings, Defendant is therefore charged with the above-stated offense.
D SUMMONS
THEREFORE YOU, THE ABOVE-NAMED DEFENDANT. ARB HEREBY SUMMONED to appear the
IF YOU FATL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST sholl be issued,
[8J WARRANT
To the Sheriff of t.he above-named counly, or other pen;on authorized to execute this warrant; hereby order. in thename of the State of Minnesota., that the above-named Defendant be apprehended and arrested without delay and brought promptly before the above-named court (if in r;ession), and if not, before a Judge or Iudicial Officer of such court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon as such Judge of
Judicial Officer is available [0 be dealt with according to law.
ORDER OF DETENTION
Since the above-named Defendant is already in custody, I hereby order, subject to bailor conditions of release, that the above-named Defendant cominue to be detained pending further proceedings.
Bail; $
Condtions of Release:
Fri Nov 20, 2009 8:33 am
Calendar