An attorney for a man charged with manslaughter in the death of a toddler in Thomaston last year says the child could have actually died because of improper life-saving measures.

Aziayh Scott, 23, joins a bail hearing in his manslaughter case via Zoom at Two Bridges Regional Jail in July 2024. Screenshot from Zoom hearing

For months, state prosecutors have argued Aziayh Scott, 23, killed his girlfriend’s 22-month-old son, Quayshawn.

Assistant Attorney General Jennifer Ackerman has previously said that Quayshawn died from a “severely lacerated liver” and internal bleeding, which could have resulted from someone stomping on the boy.

But Scott’s lawyer, Christopher MacLean, said in Knox County Superior Court on Thursday that he has “considerable concern” about two people who rendered aid to Quayshawn before police arrived. He said that, based on video and witness statements he reviewed, they did so improperly.

“I believe there is substantial evidence from witnesses, not including my client, that CPR was being done incorrectly on this baby and that an inappropriate amount of force was being used,” MacLean said.

If true, the information could contradict a police affidavit for Scott’s arrest, which Active Retired Justice Jeffrey Hjelm said states that an off-duty nurse applied CPR to the small child with a two-finger technique.

Ackerman said she believes Scott did something to Quayshawn earlier in the day, while the boy’s mother was at work, that caused his death.

“Quayshawn had no pulse and was not breathing when he was taken out of the car,” Ackerman said. “So the idea that CPR caused the injuries that ultimately led to his death is a very hard sell.”

That affidavit is still sealed from the public, but attorneys and a judge discussed much of its details during a hearing to reconsider Scott’s bail Thursday.

His bail has been set at $150,000 since July 31. MacLean argued the amount trumps the $13,000 that Scott’s family has raised, and that it reflects racial disparities in how bail is decided (Scott is Black). Hjelm has not yet decided on Scott’s request.

Scott was indicted on one count of manslaughter on Oct. 8, more than four months after he was charged and arrested in June. He is scheduled to be arraigned on Nov. 14, and at that time he will have to enter a plea.

Scott’s family flew from Louisiana to be in court Thursday to profess his innocence. His mother, Eddie Scott, said her son has no criminal history and comes from a close-knit religious family outside New Orleans.

“He’s a straight shooter. He’s straightforward,” she said in court. “He has two kids that miss him. It’s just hard for us as a family to have to endure this.”

She said Quayshawn’s mother, Shaneka Washington, was with them in court to support Scott’s innocence.

Scott, who is from a suburb outside New Orleans, had been dating Washington and moved to Maine when she came to the state for a job as a traveling nurse.

PAINTING A PICTURE

Scott, Washington and Quayshawn were at the Walmart in Thomaston the night of May 29 when they realized Quayshawn was unresponsive in the back seat of their car, Ackerman said.

They called for help. A nurse who was nearby tried to perform life-saving measures before first responders arrived and Quayshawn was brought to the hospital.

Quayshawn’s death was later ruled a homicide. Deputy Chief Medical Examiner Liam Funte determined he died from blunt force trauma.

Scott was arrested five days later in Louisiana, where he was held in jail until police were able to transport him to Two Bridges Regional Jail in Knox County.

Ackerman said Scott would be a flight risk if released on lower bail.

Scott’s mother disputed that, saying it’s unfair to call her son a fugitive and that he left Maine with permission from a Maine State Police detective so they could bury Quayshawn.

Prosecutors are also worried he will continue to contact Washington, who is a witness in the case.

Ackerman cited several calls Scott made from jail to Washington and his mother, saying “Shaneka needs to talk with the detectives and paint the picture.”

“There’s clearly, on his part, a desire to influence her interviews with detectives,” Ackerman said as she urged the court to maintain the same bail amount. “There’s a real concern for the integrity of the process.”

MacLean, the defense attorney, disagreed. He said Scott’s calls “strike him as someone who’s innocent, wanting his story told.”

MacLean suggested Ackerman might be misinterpreting Scott’s passion for clearing his name and “Black American dialect” for aggression. He said from the “hundreds of hours of recordings” he’s listened to, Scott shows “a huge amount of humility and decency, love and respect for his family.”

Ackerman also pointed to texts police obtained through a search warrant of Washington’s phone, which she said “reference potential violence that had occurred” in Scott and Washington’s relationship, leading up to Quayshawn’s death.

The texts Ackerman read suggested Washington asked Scott to leave Maine, that he had “anger issues” and that in one incident “you literally could have killed us.”

Ackerman admitted much of the state’s case against Scott has been circumstantial. “But … that is almost always the case,” she said. “Children are not usually killed in front of witnesses or on video camera.”