Two Green Bay men, a father and son, appeared in Brown County Court Monday afternoon in connection with the death of 2-year-old Leo Escalante, though neither has yet been formally charged. Prosecutors, however, say felony charges are imminent.
James VanderLeest, 21, and his father, David VanderLeest, 48, both appeared without legal counsel and disputed probable cause statements read against them. Prosecutors allege James was responsible for injuries that led to Leo’s death, and David may have obstructed the investigation.
Deputy District Attorney Wendy Lemkuil told the court that medical evidence contradicts James’s account that Leo fell down the stairs while in his care on June 22.
“This is because it’s alleged to be an acute incident, one that would have happened instantaneously — and could have only happened at the hands of the person with the child at the time, and that is James VanderLeest,” Lemkuil said. The toddler was airlifted to Children’s Hospital in Milwaukee, where he died two days later.
Leo’s family told FOX 11 that James was the ex-boyfriend of Leo’s mother, not the child’s biological father. Court records show James has seven open criminal cases, including three involving domestic abuse. One of those cases involves Leo’s mother, and James is charged with felony bail jumping for having contact with her.
Lemkuil alleged that James pressured the child’s mother to lie, telling her to say that David had been watching the boy when the injuries occurred. David VanderLeest, who previously made headlines for unsuccessful political bids and a failed recall effort against Green Bay Mayor Eric Genrich, initially claimed he was caring for Leo at the time.
That claim, prosecutors said, was false. After Leo’s death, authorities say the VanderLeests fled to a family cabin in Florence County, where a SWAT team took them into custody last Friday. Lemkuil noted that officers had to deploy a flash bomb after the men barricaded themselves inside for 20 to 25 minutes.
“I did not leave with my child after this horrible accident happened to our family,” David said in court. “My child was very suicidal. I went and found him to make sure I didn’t find him hanging from a tree.” James denied the allegations, stating, “A lot of this is lies,” in response to the probable cause details. A GoFundMe has been set up to help pay for funeral expenses.
The court issued James a $2 million cash bond and David a $100,000 cash bond. Charges against James are expected to include first-degree reckless homicide. “For that, you need to stay in those brick walls, James,” said Keri Tucker, the aunt of Leo’s mother. “Because my nephew doesn’t get to run on this Earth again.”