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John T. Applegarth, 22, of O’Neill waived his right to a preliminary hearing when he faced the Honorable Kale Burdick in the Holt County courtroom in O’Neill last Tuesday, Aug. 10.

Applegarth is charged with a Class 1B felony, intentional child abuse which allegedly resulted in the death of his 13-month-old son, Bryor Weekley.

A probable-cause affidavit filed by Kerry Crosby, a special deputy state sheriff, working as an investigator for the Nebraska attorney general’s office, indicated he began assisting the O’Neill Police Department with the investigation July 14.

He said police responded to a 911 call to 919 East Everett Street in O’Neill at 6:40 a.m. July 6, for an unresponsive child. Responding officers observed the child’s mother, Sadie Weekley, performing CPR on the child, in front of the residence. The toddler was transported to Avera St. Anthony Hospital in O’Neill. He was transferred to Children’s Hospital in Omaha, where it was determined he had a significant brain injury. Crosby reported the child was treated for two days at the Omaha hospital before he was pronounced dead the afternoon of July 8. An autopsy was conducted July 12, with the cause of death determined to be head trauma.

Applegarth is represented by Jeffrey Pickens with the Nebraska Commission of Public Advocacy, while attorneys with the Nebraska attorney general’s office were appointed to serve as special prosecutors in all matters related to the county court case and any resulting district court proceedings. He is scheduled to appear in Holt County district court Aug. 23.