4-Year-Old Kentucky 'Angel' Was Allegedly Murdered by Foster Dad, But He Claims It Was Accident

Photo: Facebook

“Me OK,” said the boy, Hunter Payton, as he picked himself up and took several steps, according to the foster parent.

But after the boy collapsed moments later and went into seizures, then died two days later, authorities diagnosed injuries that they allege pointed toward a homicide, and Embry-Martin was charged with murder.

“Death. It came all too soon for Hunter Payton,” Assistant Commonwealth’s Attorney Teresa Logsdon said as Embry-Martin’s case went to trial Wednesday in Elizabethtown, Kentucky, reports theCourier Journal.

During opening statements in the trial, Embry-Martin’s defense attorney, James Hafley, said of his client, “He is a loving, patient person,” according to the newspaper. “He is not a murderer.”

“This is a tragic accident and not a murder case,” he said.

“This is an injury that would make an adult cry,” said Dr. Amy Burrows-Beckham, an assistant state medical examiner, reportsThe News-Enterprise. “I seriously doubt he [Hunter] or an adult could jump up from this injury. I just don’t believe that story.”

Billy Embry-Martin.Hardin County De­tention Center

Embry-Martin and his husband, Travis Embry-Martin, a member of the Army stationed at Fort Knox, are registered as foster parents with Necco, a private agency that contracts with the state to offer foster care services.

•Want to keep up with the latest crime coverage?Click hereto get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter.

The couple had four foster children living with them, including Hunter’s older brother and younger sister, at the time of the incident, reports theNews-Enterprise.

Billy Embry-Martin told authorities he was alone in the home with Hunter and a 2-year-old child while his husband was at work on that afternoon in 2017 when he says Hunter fell off the kitchen bench after eating a snack.

The medical examiner, Burrows-Beckman, who ruled the boy’s death a homicide, said in court, “It’s my opinion that Hunter Payton died of an inflicted closed head injury,” the newspaper reports.

“I don’t see children dying from a short distance fall,” she said.

She further added, “To get this fracture, it’s a definite blow.”

The boy’s paternal grandmother, Linda Payton, who is attending the trial, told theCourier Journal, “He was an angel.”

Another relative, Hunter’s maternal grandmother Willodean Cross, said, “He was Mama’s boy,” according to the outlet. “He was the politest little boy.”

Earlier this month family members filed a civil lawsuit alleging wrongful death against Billy and Travis Embry-Martin that is separate from the criminal case, reportsWDRB.

If convicted of the criminal charge against him, Billy Embry-Martin faces a penalty of 20 to 50 years in prison, or life behind bars.

source: people.com