Justin Dale Bradley stands with attorney Mike Little before Sessions Court Judge David Bales on Friday afternoon.
Justin Dale Bradley, 23, was charged with criminal homicide in the death of Dakota Arndt. He also faces charges of assault and violating a protective order in connection with Dakota's mother, Brianna Kwekel.
Hamilton County authorities are investigating the death of Dakota Arndt, 3, who died Friday.On June 17, 3-year-old Dakota Arndt was taken to the Children's Emergency Room at Erlanger hospital, where he stayed overnight due to injuries suspected to be the result of child abuse.
Ten weeks later, on Aug. 27, Dakota returned to the same ER, but this time he didn't go home. He died of injuries sustained in a beating, police say.
Justin Bradley, of Cleveland, Tenn., the former live-in boyfriend of Dakota's mother, was allowed in the hospital room with Dakota in June. Now, Bradley sits in the Hamilton County Jail charged with criminal homicide in the boy's death.
According to documents obtained by the Times Free Press, Dakota was taken to the ER in June by his mother, Brianna Kwekel.
Doctors treated him for swollen testicles.
"After being examined by medical staff, the ER doctor felt there was a possibility of child abuse," the documents state.
"When the mother was informed of [the] same, she attempted to leave with the child," according to the documents. "Staff prevented her from doing so."
The documents show that a protective investigator with the state Department of Children's Services and the Hamilton County Sheriff's Office were called, and both agencies responded to the hospital.
According to the documents, Dakota was questioned in the hospital room with his mother present as officers stood just outside.
Hospital employees were informed that Bradley and Cliff Smith, Dakota's uncle and Kwekel's brother, were on their way.
"They were not going to be permitted to visit with the child," the documents state, because "they were both possible suspects in this case."
Upon Bradley's and Smith's arrival, there was a "disturbance in the children's ER lobby," in which the two "were demanding to see the child," according to the documents.
Later in the evening, an investigator talked with Dakota and Bradley together, while Kwekel and Smith had left the hospital to collect clothes from home in Soddy-Daisy.
An Erlanger employee who insisted on anonymity because he/she wasn't authorized to speak about the case said he/she was unsettled when he/she realized that Dakota had been left alone -- behind a closed door -- in a hospital room with Bradley.
Neither the Hamilton County Sheriff's Office nor DCS would release any reports related to the case or say whether any protective action was taken after the June incident, citing an ongoing investigation.
But Dakota did leave the hospital and return home with Kwekel, Bradley and Smith, family members have said.
DCS did confirm that its workers have been involved in at least one investigation in relation to Dakota.
Meanwhile, Dakota's father, Tyler Arndt, of Kalamazoo, Mich., said he did not know that there was any "potential or possibility of Dakota being abused."
"I had no clue that my son was in any harm's way living down there," Arndt said when reached by phone. "If I would have known I would have been down there in a heartbeat."
For most of his life Dakota lived with both of his biological parents, Arndt said. Just nine months ago, Dakota was living in a house in Michigan with both of his parents.
"That kid loved this place," Arndt said. "He was provided for 100 percent."
When Kwekel decided to move south to Tennessee to be near extended family members, she took Dakota with her, against Arndt's wishes.
Kwekel had legal custody of Dakota, and Arndt said he contacted several attorneys, desperately trying to gain visitation rights, but the distance and legal costs made it impossible for him to take immediate action.
"Never in a million years did I suspect that he was being abused, even spanked," Arndt said. "Dakota was too young to make the phone call for me to come get him -- to ask for my help. He did not belong there at all."
Investigators have said Smith told them on Aug. 27 he arrived home from the store to find Bradley alone at the house holding a motionless Dakota, screaming at him to "wake up!"
Emergency responders rushed the boy to Erlanger, where he died two days later.
Bradley was charged with criminal homicide the next day.
Kwekel's family members have said that Dakota's donated organs saved three lives -- a 2-year-old and two adults. None of the family members responded immediately to requests for comment Friday.
Meanwhile, as the family prepares for Dakota's funeral on Monday, Bradley was in court Friday for his arraignment -- a formal reading of his charges.
Bradley appeared before Hamilton County General Sessions Court Judge David Bales. He is next scheduled to appear on Sept. 30 for a preliminary hearing, when prosecutors will present evidence and try to convince the judge to send Bradley's case to the Hamilton County grand jury.
The grand jury then will decide if prosecutors have enough evidence to bring the case to Hamilton County Criminal Court.
Contact staff writer Kendi Anderson at kendi.anderson@timesfreepress.com or at 423-757-6592.
Earlier news report: