James Westervelt, 38, has been indicted on a first-degree murder charge two years after the death of a 6-month-old infant, according to Marion County court records filed by prosecutors on July 30.
Westervelt allegedly told investigators he used a leaf blower on the baby when the child was 2 months old because he thought it was funny, before the child’s August 2024 death.
Doctors attributed the death to blunt head trauma caused by bouncing the child.
The indictment came more than two years after the actual events unfolded.
He initially faced a child abuse charge.
Westervelt is due back in court in mid-July.
He told investigators he used the leaf blower on the infant because he thought it was funny.
The specifics of how the child came to be injured extended beyond that initial act.
Deputies say the child was between two weeks and two months old. He was taken to the hospital and put on life support in August 2024.
Video evidence played a crucial role in the case.
Investigators say Westervelt is seen on video using the leaf blower, causing the child to struggle to breathe.
However, medical examiners determined the fatal trauma came from a different act.
Doctors determined the fatal injury was actually blunt head trauma from bouncing the child.
The two-year gap between the death and the indictment raised eyebrows.
The two-year gap between the child’s death and the indictment raises questions about how this case moved through the legal system.
Westervelt remained behind bars as the case advanced.
Westervelt is currently in custody and is scheduled to appear in court this September. First-degree murder is the most serious charge in Florida, and if convicted, he could face life in prison.
In the viral moment that led to the investigation, authorities say Westervelt used a leaf blower on an infant he was with in Marion County, Florida.
Investigators say Westervelt is seen on video using the leaf blower, causing the child to struggle to breathe.
The leaf blower incident, though captured on video, was not ultimately deemed the cause of death by medical professionals. Instead, doctors pointed to blunt head trauma from bouncing as the fatal injury. The child was hospitalized on life support in August 2024 and eventually died.
Westervelt is currently in custody and is scheduled to appear in court this September.