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Child 'Clinically Dead' After Father's Day Beating
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WBZ
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WBZ
"This case is really a tragic and heartbreaking case involving one of the most vulnerable citizens of the Commonwealth," Judge Erskine said.
Police say the boy, who had marks and bruises all over his body, had been beaten for several days, including Sunday when he was beaten unconscious, but he wasn't taken to a hospital until Monday.
His father, 36-year-old Leslie Schuler, and Schuler's girlfriend, 28-year-old Tiffany Hyman, are being charged in the beating, police say. They were arraigned Tuesday afternoon.
Schuler is accused of beating the boy several times between June 15 and June 21. He was charged with seven counts of assault and battery on a child and one count of assault with intent to murder.
Schuler also faces two separate counts of assault with a dangerous weapon, which stems from a May 19 incident.
Nathaniel was declared clinically dead after that court appearance. Worcester Police say they have now launched a homicide investigation.
During Wednesday's hearing Judge Erskine detailed how she came to her decision.
"The physicians in this case, the court finds, have complied with all appropriate and accepted methods and standards and confirmed by two examinations, conducted 24 hours apart, that Nathaniel has suffered an irreversible cessation of all functions to his entire brain," Judge Erskine said.
Police say they were called to the hospital on Monday shortly after the boy was admitted. They say Nathaniel has bruises on his chest, head and face, and has black marks under both of his eyes.
While police don't believe Hyman physically harmed Nathaniel, she is charged with two counts of assault and battery on a child with substantial injury. She is considered an accomplice in the beating, and under Massachusetts law, she can be charged with assault because she failed to stop it, police say.
Nathanial's family tells WBZ the boy lived in Alabama with his grandmother but was in Massachusetts visiting his father for the summer. Several of Nathaniel's family members were present at Schuler and Hyman's arraignment Tuesday.
The boy's mother was by his side at the hospital. It's unclear if she lives in Massachusetts.
Schuler is being held on $250,000 cash bail, while Hyman is being held on $50,000 cash bail.
While Hyman has no criminal record, Schuler has a record that includes assault.
"What happened here was an aberration and will take some time to work out," Schuler's attorney, Christopher Tully, said after his client's arraignment.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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