LAS VEGAS – Prosecutors plan to seek the death penalty for a Las Vegas man accused of killing his girlfriend’s 4-year-old son and hiding the body in a freezer — where police found it when the boy’s sister gave notes to her teacher saying her mother was being held captive at the man’s home.
Brandon Lee Toseland, 36, has been jailed since his arrest in February and is due for trial in December after pleading not guilty to murder, kidnapping, child abuse and domestic battery by strangulation charges.
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Prosecutor Michelle Fleck declined comment Tuesday about a notice of intent to seek the death penalty filed Aug. 11 in Clark County District Court.
Toseland’s defense attorney, Craig Mueller, did not immediately respond to messages seeking comment.
A lawyer who represented the boy's mother has alleged she was physically, sexually and emotionally abused by Toseland. The woman is not facing criminal charges in the boy’s death.
The mother filed a wrongful death and negligence lawsuit against Toseland in March. He responded with a counterclaim alleging the mother was aware the boy died in December and said she would help Toseland “preserve” the body.
The Clark County coroner ruled in July that the boy died of blunt force injuries and that his death was a homicide.