REMEMBERING MAXWELL

Maxwell Owen Eyer was only two years old when his life was taken on December 28, 2007. Maxwell was deaf and was still just a toddler, completely dependent upon the adults around him for his safety, care and protection. He was also a little brother whose death would have a lasting impact on his family. Years after Maxwell died, his sister Valerie helped write a book about the first years of her life and the loss of her brother. She later spoke publicly about Maxwell’s death and child abuse prevention, helping make sure that what happened to her little brother would not simply disappear with time. Maxwell had barely begun his life. He deserved the opportunity to grow up, communicate in his own way, discover the things he loved and become the person he was meant to be.

MAXWELL’S STORY

Months before Maxwell was killed, there were already signs that something was terribly wrong. In September 2007, two year old Maxwell was taken to the emergency room at St. Anthony’s Hospital in Alton with multiple bruises and possible bite marks. Hospital staff contacted the Illinois Department of Children and Family Services because of concerns about possible child abuse. After Maxwell suffered suspicious injuries while in his father’s care, his mother, Linsey Eyer, was reportedly instructed by DCFS officials to keep Maxwell away from his father, Johnny Garcia. But Maxwell was later returned to his father’s care. On December 18, 2007, just ten days before Maxwell died, he was taken to pediatrician Dr. Gita Malur with a fractured sternum. The injury was another serious warning. Dr. Malur did not report suspected child abuse to authorities. Then, on December 26, Linsey left Maxwell overnight with Johnny Garcia and Garcia’s girlfriend, Jeanine Lansdon. What happened to Maxwell during that time was horrific. Evidence presented in court showed that Garcia repeatedly struck the two year old. A pathologist testified that four blows caused internal bleeding around Maxwell’s brain. Lansdon later acknowledged witnessing Garcia beat Maxwell. After the beating, Maxwell was in obvious medical distress. He vomited.

He could not sit upright. His body became stiff. He suffered a seizure. Yet Maxwell was not immediately taken to a hospital. Instead, testimony showed that Lansdon and Linsey left the critically injured toddler with Garcia while they went out attempting to obtain Vicodin for him. When Linsey returned, Maxwell was listless and stiff. Still, she did not immediately take her son for emergency medical treatment. Eventually, shortly after midnight on December 28, Maxwell was brought to the emergency room at St. Anthony’s Hospital. He was unresponsive. Approximately twenty minutes after arriving, two year old Maxwell Eyer was pronounced dead. An autopsy revealed the extent of what his little body had endured. Maxwell had multiple bruises over his body. He had burns on his chest and hands. His sternum had previously been fractured and had begun healing. His fatal injuries were caused by blunt force trauma to his head. Maxwell’s death was ruled a homicide.

SYSTEM FAILURES

Maxwell did not die before anyone had reason to suspect he was being hurt. There had been warnings. In September 2007, months before his murder, Maxwell arrived at an emergency room with multiple bruises and possible bite marks. Hospital personnel did what they were supposed to do: they contacted DCFS because they suspected child abuse. DCFS was aware of concerns surrounding Maxwell’s safety. After suspicious injuries occurred while Maxwell was with his father, Linsey was reportedly told to keep Maxwell away from Garcia. Yet Maxwell was again left in Garcia’s care. Then another opportunity to protect him appeared. On December 18, only ten days before Maxwell died, the two year old was taken to his pediatrician with a fractured sternum. A fractured sternum in a two year old child should have raised serious questions about how such an injury occurred, particularly given Maxwell’s previous history of suspicious injuries. Dr. Gita Malur did not report suspected abuse. Ten days later, Maxwell was dead. The failure to report that injury did not disappear after his death. The Illinois Department of Financial and Professional Regulation later took action against Dr. Malur’s medical license for failing to notify authorities of suspected child abuse. A judge subsequently upheld the suspension of her license. Maxwell’s autopsy would reveal not only the healed chest injury but bruises, burns and other evidence of abuse. There had been an emergency room visit.

There had been a report to DCFS. There had been suspicious injuries. There had reportedly been an instruction to keep Maxwell away from his father. There had been a fractured sternum. And there had been another professional with an opportunity to report suspected abuse. Maxwell was still returned to the environment in which he would ultimately be killed.

JUSTICE FOR MAXWELL

Following Maxwell’s death, Johnny Garcia, Linsey Eyer and Jeanine Lansdon all faced criminal charges for their roles in what happened to the two year old and the failure to get him the help he desperately needed. Johnny Garcia, Maxwell’s father, was held responsible for inflicting the fatal injuries. He pleaded guilty to first degree murder and was sentenced to 44 years in prison. Garcia later challenged his sentence, but the Illinois Appellate Court upheld the 44 year sentence. Maxwell’s mother, Linsey Eyer, and Garcia’s girlfriend, Jeanine Lansdon, were also originally charged with first degree murder and obstruction of justice. Both women ultimately pleaded guilty to child endangerment after reaching agreements with prosecutors. Each received a five year prison sentence.

 

Johnny Garcia

Relationship to Maxwell: Father
Conviction: First degree murder
Sentence: 44 years in prison

 

Linsey Eyer

Relationship to Maxwell: Mother
Conviction: Child endangerment
Sentence: 5 years in prison

 

Jeanine Lansdon

Relationship to Maxwell: Father’s girlfriend
Conviction: Child endangerment
Sentence: 5 years in prison

FOREVER REMEMBERED

Maxwell’s life lasted only two years, but his story did not end in that hospital room. His sister carried his memory forward. Years after losing her little brother, Valerie shared their story publicly and helped write a book about growing up amid domestic violence, abuse and the loss of Maxwell. She later stood at a child abuse prevention event and spoke about the brother she had lost. A child who was unable to grow up still found a way to leave a voice behind. Maxwell should never have needed a sister to tell the world what happened to him. He should have been there beside her. He should have grown from a toddler into a little boy, then a teenager and eventually an adult. Instead, Maxwell was two years old when the adults responsible for his safety failed him. His bruises mattered. His injuries mattered. The fractured bone mattered. The warnings mattered. And most importantly, Maxwell mattered. Abuse Angels remembers Maxwell Eyer. Remembered. Honored. Never Forgotten.