'Could have been prevented:' Family of infant's death in alleged child abuse seeks justice
NASHVILLE, Tenn. (WZTV) — A 4-month-old girl whom a convicted child abuser is accused of severely hurting in North Nashville has died.
Tonight, the baby’s parents are asking for justice.
Nevaeh Petty died at Vanderbilt Children’s Hospital after suffering serious brain injuries, according to her father Edward Wagner.
PREVIOUS COVERAGE | 4-month-old girl allegedly hurt by repeat convicted child abuser dies
"She had swollen of the brain. There was no brain activity whatsoever," said Wagner.
He is heartbroken and remembers Nevaeh as a happy baby with beautiful blue eyes.
"I’m hurt. I’m not going to sit here, and I’m not going to lie about it. I am deeply sorry for my daughter," said Wagner.
Metro Nashville Police said officers responded Saturday to a home on 24th Avenue North.
Bobby Conner Jr., who has previous convictions for child abuse and child neglect, is accused of hurting Nevaeh.
Officers arrested Conner Wednesday morning and charged him with aggravated child abuse before the infant died.
“I believe that she was crying enough to where, like, he shook her,” Wagner said.
Conner told police he found Nevaeh unresponsive.
He was dating Nevaeh’s mother, Jessica Petty, who spoke with FOX 17 News over the phone.
“None of this stuff that I had to watch as her mom I should have had to go through,” Petty said in tears.
Petty said she was at work when the alleged abuse happened.
“This was a complete shock. As I said, I left my child with him multiple times,” Petty said.
Wagner said he told Petty that Conner should not be left with Nevaeh and that Petty knew Conner had previous charges.
“Yeah, but like I said, DCS okayed him to be around my kid,” Petty replied when FOX 17 News questioned her about it.
When asked whether it ever crossed her mind that it may not be a good idea to leave a convicted child abuser with her daughter, Petty said, “Yes, but I had nobody else.”
Although Wagner blames Petty, he also wants accountability from the Tennessee Department of Children’s Services.
“I’m the one that contacted DCS numerous times,” Wagner said. "About Bobby being around my daughter, and in a response from the caseworker, all she had to say was he was not a sex offender."
DCS would not confirm whether it received reports involving this specific family or individual, citing state and federal confidentiality laws.
The department said it does not routinely “approve” or authorize a parent’s choice of who can be around or care for their child.
“A person’s criminal history, by itself, does not necessarily provide DCS with legal grounds to open an investigation or prohibit a parent from allowing that individual to have contact with their child,” DCS said in part. “Any restrictions on a person’s contact with a child would need to be supported by applicable law or a court order.”
Both Petty and Wagner say they want Conner convicted of murder.
PREVIOUS COVERAGE | Convicted Tenn. child abuser faces new charge after prior plea deals reduced prison time
“I want Bobby Conner to rot in jail,” Petty said.
"I hope that they find that this is a serious matter and that justice will be served because he doesn't need to be around kids at this point," said Wagner.
Both parents said they were told a homicide/murder charge is being considered.
The Davidson County District Attorney’s Office tells FOX 17 News it needs to review the autopsy report before considering whether to upgrade Conner’s charge.
MNPD said "Youth Services detectives will be in discussion with the District Attorney's Office concerning upgraded charges."
Conner, who sits in jail for his latest offense, his bond is $500,000, according to Metro Police.
The case also highlights a bigger issue. FOX 17 News discovered Tennessee law does not universally prohibit people convicted of nonsexual child abuse offenses from being around children.
Wagner told FOX 17 News he was considering advocating for a law called Nevaeh's Law on the same premise after FOX 17 News discussed our finding with him.
Click here to donate to the Wagner family.
FOX 17 News will continue digging into that loophole and see what can be done.