A Fort Worth man charged in the June death of his 2-year-old son is seeking information from the Tarrant County medical examiner's office to try to prove that he did not kill the child.
Joshua Appleton, 33, has been charged with murder in the death of his son, Ron, who died at Cook Children's Medical Center on June 28.The medical examiner's office ruled in August that it was a homicide caused by chest and abdominal injuries.Appleton remains in the Tarrant County Jail with bail set at $75,000, according to jail records.The records also show that his incarceration is on a "hold" from the U.S. Homeland Security Department, but information on that was unavailable Friday.An attorney for Appleton filed a petition in Tarrant County civil court Thursday "requesting the authority" to conduct a deposition of the person who performed the autopsy or to get access to the medical examiner's report.Greg Wilder of Fort Worth, the lawyer representing Appleton and Getrude Myaen on civil matters, said his clients believe that their son may have suffered the fatal injury while at the GPS Destiny Learning Center in Fort Worth."The injury, we believe, occurred before Josh picked up Ron," Wilder said Friday."We are trying to get a copy of the autopsy report to determine if the accident could have occurred at the day-care center."Wilder, who is not representing Appleton in criminal court, said that his client went to pick up his son from the day-care center June 28 but that Ron was "dizzy and sweating" and appeared to be in some sort of shock.Appleton stopped at a McDonald's on the way home, but moments after they arrived, Ron collapsed, Wilder said. He said the father tried to revive the boy, then called 911. The ambulance took Ron to the hospital, where he died.The document states that "there is a potential wrongful death suit against the daycare center" and that Ron's parents want information that "will enable them to ascertain who was responsible for the death of this infant."But the document also says the parents don't want to file a lawsuit "if it would be frivolous."Mary Willis, a co-owner of the day-care center, declined to comment Friday.She referred questions to the company's lawyers in Dallas and Fort Worth, but attempts to reach them were unsuccessful.Fort Worth police who investigated the death also could not be reached.Staff writer Max B. Baker contributed to this report.Bill Miller, 817-390-7684Twitter:@Bill_MillerSTHave more to add? News tip? Tell us
