GREEN BAY, WI (WTAQ-WLUK) – The suspect in the death of a 2-year-old child appeared in court Wednesday for a bail jumping charge, but since he does not yet have an attorney, a preliminary hearing was postponed.
James Vanderleest, 21, was arrested after the death of Leo Escalante on Green Bay’s east side on June 22, but charges have not been filed for the death.
As Vanderleest has pending charges for criminal damage to property and other counts, prosecutors filed two bail jumping charges after his arrest in the Escalante case.
However, since an attorney hasn’t been appointed for Vanderleest, Wednesday’s preliminary hearing was pushed back to July 16 – the same day of his scheduled initial appearance in the Escalante case.
Vanderleest’s father, David Vanderleest, was also arrested in the Escalante case. He is scheduled to return to court July 17. Formal charges have not been filed against the elder Vanderleest.
Authorities say David initially claimed he was caring for the toddler at his east side Green Bay home June 22, but Deputy District Attorney Wendy Lemkuil said at a previous court hearing authorities determined James was caring for Escalante.
Lemkuil says James claimed Escalante fell down the stairs, but medical experts and tests showed that wasn’t the case.
“This is because it’s an acute, alleged to be an acute incident, that would have happened instantaneously. Could have only happened at the hands of the person who would have had the child with them, and that is James VanderLeest,” said Lemkuil.
Escalante was flown to Children’s Hospital in Milwaukee where he was pronounced dead two days after his injuries happened.
Family of Escalante says James VanderLeest is the ex-boyfriend of Escalante’s mother. However, he is not Escalante’s father.
After Escalante’s death, authorities say the VanderLeests took off to a relative’s cabin in Florence County where a SWAT team helped take them into custody.
At their bond hearings, both Vanderleests disputed the state’s version of events.
