Tulsa Mom Charged With Murder In 2-Year-Old Son's Death

Tuesday, September 24th 2013, 6:04 pm
By: News On 6

A Tulsa mother was charged Tuesday with child abuse murder in the death of 2-year-old Xavier Jordan Wade.

Twenty-one-year-old Andrea Smith was arrested Tuesday afternoon, around 2:30.

Court records show Smith admitted that both she and Terrance Gaines had punched her son in the stomach on multiple occasions. She reportedly told police that she had lost her temper "two or three times" and punched the toddler, and that Gaines had also hit him multiple times. She explained to police that Gaines thought Xavier was a "wimpy child," who needed to "toughen up."

The affidavit shows detectives found signs of acute trauma on Xavier's body, including multiple abdominal injuries (some possibly made by knuckles), a possible burn on his forehead, abrasions on his chin and neck, bruising on the head, possible bite marks on his abdomen and left arm and injuries to his torso and hips. The Medical Examiner reportedly told police that the boy had old and new rib fractures and multiple liver lacerations and said his death was trauma-related.

The affidavit states that Xavier died from a lacerated liver.

9/9/2013 Related Story: Tulsa Police Investigating Death Of 2-Year-Old Boy

Two days before the boy died, Smith called 911, saying that Xavier was having stomach pain and was crying and throwing up, the affidavit states. EMSA reported that Smith told paramedics that Xavier's sister had kicked him in the testicles three days prior and a bump came up after that. The affidavit shows the boy was examined at St. Francis Hospital and released. The doctor who saw him noted that his belly was distended, but due only to constipation, according to court documents. The doctor also noted the abrasions on his forehead and chin, but said she did not see any bruising on his abdomen.

On September 9, 2013, police and EMSA said a 911 call came in about a child in distress at 8:20 a.m., while a woman was on her way to the hospital in a private car.

According to the affidavit, Smith and her neighbor were taking Xavier to the hospital, but stopped and flagged down an ambulance and police car that were headed to St. Francis.

Police said the little boy was already in critical condition. EMSA took him to St. Francis, where he died shortly thereafter.

Smith told police that she had left Xavier alone with Gaines for about 15 minutes that day after she put her daughter on the school bus, and when she came back, Gaines told her that the boy "wasn't acting right." She told police she thought it was due to his constipation, so she went to Walgreens to get the laxative that the doctor had prescribed him two days before. When she came back, the affidavit states Xavier was "laying on the bed lifeless." That's when Smith got her upstairs neighbor to give her a ride to the hospital, while Gaines went to try to find a ride from someone else in the apartment complex, according to court documents.

A few days later, police said they interviewed Gaines, but court records show he has not been charged or arrested.

9/11/2013 Related Story: Police Interview Potential Witness In 2-Year-Old's Death

On September 16, the affidavit states Smith admitted the abuse to a detective. She called another detective that same day and left a voicemail message saying she was going to turn herself in after Xavier's funeral, that she felt she didn't do anything to intentionally hurt the boy, but that she felt someone needed to pay for his death. The affidavit shows she said she thought she had "failed to protect him."

Two days later, Smith left a message for detectives, asking them to stop calling for Gaines, saying that her, "baby daddy Terrance Gaines was not there Sunday night or Monday. I was just telling you guys that, because I was nervous and I was scared, but I'm here to leave you a message to verify that he was not there and to quit calling this phone, harassing him, because he wasn't there. You ain't got to call him and question him about nothing."

Smith did not turn herself in after the funeral like she said she would, the affidavit states.

A protective order filed by Smith earlier this year shows Gaines is not the biological father of Xavier or Smith's daughter.

Court records show Gaines is not in custody and has not been charged with a crime.

Department of Corrections records show Gaines is an ex-con, who was released from prison in May 2013. He has had multiple convictions for second degree burglary. He was also convicted on two counts of eluding and one weapons charge.

Smith is being held without bond in the Tulsa County jail.