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WILKES-BARRE — What was initially believed to be an accident investigation into how a 5-month-old boy sustained burns during a bath turned into a criminal investigation when Wilkes-Barre police detectives received a report from a hospital physician.
The report by Dr. Ruchita Doshi of Lehigh Valley Hospital – Cedar Crest resulted in police charging Tyeara L. Folks, 30, with aggravated assault, child endangerment and other offenses alleging she intentionally burned her infant son inside her second floor apartment at 42 Murray St. on March 5, 2018.
Folks’ jury trial on the charges began Tuesday before Luzerne County Judge Joseph F. Sklarosky Jr.
Assistant district attorneys Drew McLaughlin and Shana Messinger believe Folks deliberately burned her son; while Folks’ attorneys, Steven M. Greenwald and John Donovan, blame the apartment building’s hot water heater.
Retired city police Det. Charles Jensen said he took part in the investigation when he received a report of suspected child abuse from Luzerne County Children & Youth Services.
Jensen said he took part in several C&Y meetings with Folks, who was consistent with how her son sustained burns to 15 percent of his body.
Folks told C&Y officials and Jensen that she was giving her son a bath in the sink when the spray nozzle hose got stuck and scalding hot water came out, burning her son.
Folks further claimed she sustained burns when she took a shower the day before on March 4, 2018.
Jensen said Folks’ claims about the injuries to the infant leaned toward accidental, until he received Doshi’s report.
Doshi, who is expected to testify during the trial, wrote that the degree, depth and pattern of the burns were not consistent with Folks’ explanation.
Jensen said when he received Doshi’s report, he conferred with the district attorney’s office who approved a criminal case against Folks.
Retired Wilkes-Barre City Building Code Enforcement Officer Frank Kratz testified to inspecting the hot water heater days after the incident.
Kratz said the hot water heater was set at its highest setting, resulting in the hot water temperature reaching 130 to 140 degrees. Kratz further said there was only one hot water heater in the building that provided hot water to four apartment units, including Folks’ apartment.
Greenwald believed the burns sustained by the infant were caused by the hot water heater set at its highest setting combined to flushing a toilet. Greenwald said if someone is taking a shower with a comfortable water temperature and someone flushes a toilet, cold water would divert to refill the toilet tank resulting in the shower water becoming hotter.
C&Y Caseworker Jocelyn Bascomb said the infant was placed in foster care.
Folks regained custody of her son when she relocated to Binghamton, N.Y.
Testimony continues Wednesday.