Bail set at $100,000 for Lacey man accused of assaulting 3-year-old who died
A 28-year-old Lacey man accused of assaulting a 3-year-old child who died is being held at Thurston County jail in lieu of $100,000 bail.
Johnathon Alexander Torve attended his preliminary hearing in Thurston County Superior Court on Tuesday. Lacey police arrested him on Monday on suspicion of second-degree assault of a child.
First responders found the child unconscious and not breathing at a home in the 4600 block of 45th Avenue Southeast after Torve called 911, according to court documents.
An ambulance transported the child and his mother, Torve’s girlfriend, to Providence St. Peter Hospital in Olympia where the child was pronounced dead.
On Tuesday, Court Commissioner Nate Kortokrax set the bail amount after finding probable cause for the alleged crime. He reasoned bail was necessary because there was a “substantial danger” Torve would commit a violent crime.
Kortokrax ordered Torve have no contact with the mother of the child or four other people. He also barred him from contacting any minor children.
Deputy Prosecuting Attorney Jake E. Lervold asked Kortokrax to set bail at $250,000 because of the nature of the alleged crime. He also cited a prior conviction for third-degree rape of child in 2014 and another conviction for failing to register as a sex offender in 2015.
Public Defense Attorney Ahmed Jenkins asked Kortokrax to release Torve on his personal recognizance, citing a lack of witnesses.
Despite the two prior convictions, Jenkins said those convictions were dated and the mother of the child has not suggested Torve is a violent person.
In a statement to the court, the mother said she didn’t know what happened, but she believes her child and Torve had an “unbreakable” loving relationship.
A probable cause statement describes the initial investigation and arrest from the perspective of law enforcement:
Torve called 911 and performed CPR on the child at 8:39 a.m. Monday until first responders arrived, according to the statement.
At Providence St. Peter Hospital, detectives reported seeing “significant and suspicious” bruising and marks all over the dead child’s body, suggesting the child may have been strangled. This included bruising around his mouth and horizontal marks across his throat, per the statement.
While the child’s mother went to the hospital, Torve remained at the home with Lacey police. The statement alleges Torve acted “odd” and said, “I feel like this is my fault.”
At least two other adults lived in the apartment with Torve and the child’s mother, according to court records. Torve reported finding the child unconscious and not breathing while the mother was sleeping and two others had already left for work.
When asked about the marks on the child, the statement says Torve allegedly told police the marks were not present when the child went to bed but he did notice them when he attempted to resuscitate the child.
He denied any action that could have prevented the child from breathing.
Torve “became upset” when police informed him the child had died, according to court records. He allegedly said, “it was an accident” but didn’t explain further.
In the afternoon, police executed a search warrant at the residence. The interior of the home was “extremely messy” with garbage, moldy food, food containers and various other items on the floor.
Detectives found used black duct tape behind the child’s mattress near the pillow, according to the statement. More duct tape was found on the kitchen counter near the child’s bed.
This led detectives to draw a connection to a “sticky residue” they found on the child’s ankles at the hospital.
Based on their findings, Lacey police determined there was probable cause to arrest Torve for second-degree assault of a child.
An officer reportedly asked Torve if he would like to know what his alleged crime was. In response, Torve allegedly looked down and simply said “murder.”
When he was booked into Thurston County jail, the statement says police found a wad of used black duct tape in his pockets. However, Torve said the duct tape was “used for his computer.”
This story was originally published February 16, 2022 at 1:26 PM.
