1-year-old was in van at least 4 hours

A 13-month-old boy who died of heat exposure Monday had been left inside a day-care center van for at least four hours, authorities said yesterday.

Investigators believe Keishawn L. Whitfield, 23, picked up Andrew Joseph Johnson at his home about 7:15 a.m. but thought he had dropped off the child at the Yellow Brick Road Day Care & Learning Center, where he dropped off other children.

After making his rounds, Whitfield, an employee of the center at 2003 Fourth Ave., went home about noon, authorities say. He discovered the child in the van about four hours later. Authorities still are investigating the toddler's exact whereabouts from the time he was picked until about noon.

The state medical examiner's office yesterday ruled that the boy died of environmental heat exposure.

Authorities responded to Whitfield's home at 2719 Garland Ave. after receiving an emergency medical call Monday at 4:30 p.m.

Whitfield, who was arrested in 2007 on a charge of possession with intent to distribute cocaine, appeared in Richmond Juvenile and Domestic Relations District Court yesterday on a single count of felony child neglect in the toddler's death.

Whitfield appeared by video in front of Judge Richard B. Campbell, who set bond at $20,000. He was released from the city lockup later yesterday after posting bail.

Richmond Commonwealth's Attorney Michael N. Herring said his office will consider whether to upgrade the charge against Whitfield.

Campbell scheduled a preliminary hearing for Aug. 4 and agreed to a request by Deputy Commonwealth's Attorney Mary E. Langer that Whitfield not be allowed to have any contact with children.

Defense attorney John W. Luxton described Johnson's death as clearly an accident and said he has known Whitfield's family for several years. Whitfield typically drove the van three to four times daily, Luxton said.

"I can't imagine what happened," Luxton said. "It was a tragedy for everybody involved, particularly for the parents of the child."

Valerot Whitlow, the owner of the day-care center and Whitfield's mother, attended the 5-minute video proceeding with family and neighbors. She did not comment after the hearing, but one neighbor, Charlene Sutton, said, "We know it's a bad situation, and we just let God prevail."

A neighbor who lives next door to Whitfield described the family as good, hard-working people who were distraught about what happened. The neighbor, who declined to be identified, said he talked with Whitfield's brother after emergency crews responded and "he was angry that it happened."

"He was angry . . . because nobody noticed the child until [Whitfield] found" him in the van after returning home on Garland Avenue. The boy still was alive, and Whitfield tried to resuscitate him before emergency crews arrived, the neighbor said.

"I'm just sorry it happened," the neighbor said. "I can't imagine the grief that Keishawn is feeling. He's a good kid."

In a statement released to the news media, the toddler's family said, "Our hearts are filled with mixed emotions and great sorrow."

"Andrew was our beloved angel and miracle baby," the family added. "Even though he's sleeping, he will always be loved, remembered and missed. Only time can heal our hearts, and we appreciate your condolences and prayers."

Whitfield was charged in November 2007 with possession of cocaine with intent to distribute it. He initially pleaded guilty but withdrew his plea. In January, a judge found there was sufficient evidence to convict on a charge of possession but took the case under advisement and placed Whitfield under supervision, Langer said yesterday.

Yellow Brick Road received its city business license in late 2001. The center had undergone 14 unannounced inspections since early 2004, none of them related to complaints, according to Virginia Department of Social Services records. Yellow Brick Road got a two-year extension of its state license as a result of the last inspection, on Feb. 3, which found the center in substantial compliance with state regulations.

However, the state inspector cited the center for four violations, including lack of documentation of satisfactory Child Protective Services and criminal-history background checks for three employees. The inspector did not name the employees, but the owner responded that she was sending the background-check forms immediately.

The Department of Social Services wouldn't identify the day-care center's employees whose records were missing.

Under the department's policy, a felony drug conviction would disqualify a person from working in a day-care center, but that is not the case with a deferred disposition. In such a situation, which is rare, a judge takes a case under advisement and delays formal conviction, usually to give the defendant a chance to wipe their record clean if they can straighten themselves out after an arrest.

Not until the person actually is convicted -- and convicted of a felony rather than a misdemeanor -- would he or she be barred from working in the day-care center, department spokeswoman Melissa Perdue said.

Whitfield's mother, who owns the day-care center, sought appointment to the Richmond City Council in 2003 to fill temporarily the vacancy left by the resignation of 6th District Councilman Sa'ad El-Amin. She was among six candidates for the seat and promised not to run for re-election that fall. The seat was filled by Ellen F. Robertson, who still represents the district.

Contact Mark Bowes at (804) 649-6450 or .

Contact Michael Martz at (804) 649-6964 or .

Contact Reed Williams at (804) 649-6332 or .

Staff writer David Ress contributed to this report.