EDMOND — Police have seized a bed, washcloths, towels and other evidence from a house where a boy was fatally injured, after telling a judge "the stories given” by his mother and her boyfriend "are not consistent with his injuries,” court records show. The search Wednesday is another step in an ongoing investigation about how Declan Stewart, 5, died. No one has been charged. Prosecutors are awaiting reports from Edmond police and the medical examiner. Declan was injured Saturday evening at his home at 2001 Hardy Drive and died later at OU Medical Center in Oklahoma City.
Warrant requestPolice searched the home after getting an Oklahoma County judge's permission. Police reported they were looking in part for blunt objects that could have caused the injuries and "cleaning supplies used to clean blood ... to disguise a crime.” Declan suffered a 2-inch laceration on the back of his head deep enough to expose his skull, Edmond police Detective Mark Oak wrote in his request for the search. The detective reported he interviewed the mother, Janet Stewart, and her boyfriend, Marcus Clancy. "The stories given by Ms. Stewart and Mr. Clancy on how Declan's accident occurred are not consistent with his injuries,” the detective wrote. "Ms. Stewart and Mr. Clancy claim Declan was climbing in his closet when he lost his balance causing him to fall backwards and hit his head on the metal bed rail. "The laceration on Declan's head runs vertical and ... the bed rail ... runs in a horizontal manner, perpendicular to the floor,” the detective reported. "Ms. Stewart also stated that when she found Declan, he was lying on his back and his feet were inside the clothes hamper he was allegedly standing on prior to losing his balance and falling.”
Declan's other woundsPolice also are questioning the mother's and boyfriend's accounts because a medical examiner's chief investigator said more blood should have been on the carpet where the boy was found, "based on the depth of the laceration.” The detective reported the boy also had three tears to his large intestine, severe hemorrhaging in his pancreas, bruising on his upper left arm, both his inner knees and upper back, and a large skull fracture that ran from the base of his skull to the top. Records on the search were filed Thursday in Oklahoma County District Court. Stewart, 29, and Clancy, 30, could not be reached for comment.
History with DHSThe boy was removed from his mother's care last year after he was abused, according to confidential records from the Department of Human Services. An Oklahoma County special judge allowed the boy to be returned last month after the mother completed a treatment plan, sources have told The Oklahoman. The judge, Roger Stuart, declined comment Thursday. The DHS records also show the mother claimed she left Declan with her boyfriend Saturday and found the boy hurt when she returned. Clancy's three daughters were placed in protective custody after the boy's death, the DHS records show. Contributing: Jay F. Marks, Staff Writer
EvidenceHere is what Edmond police reported was seized from a house where a boy was fatally injured: •Blue booties from garbage trash. •Bedding, mattresses and bed rail from victim's bed. •In dryer, four blue towels, two blue washcloths, pink/white towel, yellow washcloth, blue/white dish towel, two blue/green/white/purple striped towels and white/green/yellow washcloth. •From top of dryer, white/blue striped small pillow, blue towel, white towel, white washcloth, white hand towel, white/green/blue dish towel, blue pillow case, two white pillow cases, white/green dish towel, blue bandana, blue washcloth and blue hand towel. •Two swabs from above closet door in victim's bedroom. •Two swabs from master bathroom tile. •Carpet from victim's bedroom with suspected bloodstains.