Police and prosecutors have wrongly accused Skyler DeMatteo, one of two teenagers on New Year’s Eve, according to his defense attorney.
The other teen in the apartment that night instigated the drinking session that led to the 9-year-old boy’s being taken to the hospital, drunk and vomiting, according to defense attorney Martin Stuart.
“We believe that Mr. DeMatteo will ultimately be vindicated of any wrongdoing in this case,” Stuart said.
DeMatteo’s preliminary hearing, which had been scheduled for Tuesday, was delayed until April 5.
DeMatteo, an 18-year-old high school student and father of a 2-year-old, was at first released on bond but returned to custody on a separate charge of disturbing the peace earlier this month.
According to the arrest affidavit, DeMatteo and Tyrale Haselrig-Graham, 19, entered the victim’s apartment while the child’s mother was out washing laundry. The boy’s older sister was watching him.
When the sister left to buy soda, DeMatteo and Haselrig-Graham allegedly began drinking vodka and gave the boy five drinks of the alcohol, laughing when he got dizzy and fell off a chair, Denver police Detective Nash Gurule wrote in the affidavit.
By the time the mother returned, the boy was vomiting in the bathroom and required medical attention.
DeMatteo faces a Class 3 felony charge of child abuse causing serious bodily injury, which could bring 10 to 32 years in prison, Stuart said. He also faces a felony charge of contributing to the delinquency of a minor.
Haselrig-Graham pleaded not guilty Thursday to both those charges.
Jessica Fender: 303-954-1244 or jfender@denverpost.com
