ANDERSON — Nearly one year after a baby sitter called to say that her son was not breathing, Kristi Sutton is still waiting for answers in her son’s sudden death.

Sutton’s son, 10-month-old Austin Sutton, was found lifeless in his crib by the family baby sitter on Aug. 8.

Initially, doctors and investigators believed that the child had died from sudden infant death syndrome, or SIDS, Sutton said.

But five weeks after her son’s death, toxicology results told a different story.

Madison County Coroner Ned Dunnichay said the child died from bronchitis and drug intoxication.

Since Austin’s case is an ongoing investigation, Dunnichay was unable to disclose details about the drug intoxication.

Sutton said investigators told her that toxicology results revealed a combination of Flexeril, a muscle relaxant, and Pseudoephedrine, or Sudafed, in Austin’s system.

“The way it was described to me,” Sutton said, “it was a deadly level for an adult.”

Now, as the family approaches the one-year anniversary of Austin’s death, the Suttons want to know why police haven’t charged Austin’s baby sitter in connection with his death.

The Herald Bulletin has decided not to reveal the identity of Austin’s baby sitter since the person has not been charged with a crime.

Although police have not arrested the sitter, Sutton is convinced that the woman dosed her child with a lethal combination of drugs, causing his death.

“I believe he was fussy and cranky and she didn’t want to admit to anyone that she couldn’t handle it,” Sutton said.

The mother believes the baby sitter gave her child the muscle relaxant to put him to sleep and then gave him Sudafed.

Sutton, who worked out of town, said she had been taking Austin to the baby sitter’s house at 7 a.m. since June. There were four other children being cared for in the home, including the baby sitter’s child, Sutton said.

According to the Anderson Police Department’s summary of the events, the baby sitter changed Austin’s diaper during his nap and the baby did not wake.

Sutton said the sitter claimed Austin was breathing during the diaper change, and just seemed to continue sleeping during the change.

She allowed him to continue napping for nearly three more hours before checking on Austin, and found him lifeless in his crib, according to the police summary.

“She said she turned his head around and his lips were blue,” Sutton recalled.

Mitch Carroll of the Anderson Police Department said investigators at the scene of Austin’s death did not collect any medications that may have been at the home while Austin was in the care of the sitter.

They returned to collect evidence, including medication, after toxicology results revealed that Austin had died from a drug intoxication, Sutton said.

Sutton believes police have abandoned the investigation into her child’s death.

She says a police detective working the case informed her that Madison County Prosecutor Thomas Broderick has decided not to press charges against the sitter for lack of evidence.

Broderick disputes this claim.

It’s the police, he said, who have not yet pursued charges.

The prosecutor must be handed a request to press charges by police detectives before pursuing a case, he said.

He’s not yet received such a request.

Carroll says the investigation is ongoing, and police have not abandoned Austin’s case. “We’ve still got two investigators assigned to it and they’ve been working on it for 11 months.”

Police are currently investigating how long the drugs may have been in Austin’s system prior to his death.

This part of the investigation is crucial, Broderick explained. “What the detectives shared with me was that they had information that the drugs could have been in the system anywhere from a day to three days.”

Police are hoping a pathologist can create the timeline for the drug intoxication, but have not yet been able to pin down expert testimony in the case, Broderick said.

Jeff Sutton, Austin’s father, has since separated from the child’s mother and said police have not kept the family updated in the case. “They never call. You pretty much have to call them if you want to find out anything.”

Jeff Sutton believes the sitter should have at least been charged with neglect over the past year.

He said the police have given the family few answers and many delays. “I just want the person that’s responsible to be charged. We’re tired of everybody telling us next week .... next week ... next week. It seems like it’s getting put on the back burner.”

Although police did not collect medications from the scene until several weeks after the child’s death, Carroll believes the case was handled appropriately. “It was handled appropriately on its merits, as per the indications and the officers that responded handled it as per their experience and their knowledge and what took place when they were there.”

Austin’s father doesn’t buy that explanation. “If that had been a 7- or 10-year-old kid, it would have been a murder investigation from day one.”



Contact Brandi Watters: 640-4847, brandi.watters@heraldbulletin.com