JACKSONVILLE, Fla. – The family of a Jacksonville toddler who was murdered last year is suing the Department of Children and Families, but DCF claims the child's convicted killer is innocent, even though he pleaded guilty and went to prison.
At a pretrial hearing Tuesday, DCF moved for dismissal of a suit filed by the family of Shawn Sumner (pictured, left), a 2-year-old who was killed last year.
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The family claimed DCF failed to protect child. The agency was assigned to look out for Shawn's welfare at the time of his death. The family also wanted the judge to rule on the case without going to trial, but he denied both motions.
The DCF, however, is engaging in an unusual legal strategy, claiming Travis Yoder (pictured, right) is not guilty of killing the child. Yoder pleaded guilty to fatally beating Shawn, his girfriend's son, and was sentenced to 25 years in prison.
DCF attorneys asserted that Shawn may have fallen off the couch and was not beaten. Attorneys for the Sumner family said there was nothing to indicate this was the case.
The family is angered over DCF's claims that Yoder is innocent, and that the agency may have him take the stand to say so.
"How many children in the state of Florida suffer because of [DCF's] negligence?" asked Cathy Sumner, the victim's grandmother.
The judge also denied DCF's request to block the plaintiffs from questioning Yoder on the stand about his guilty plea. DCF will have to take the stand in defense of how it investigates child abuse cases. The agency is trying to suppress documents that indicate employees were disciplined and even fired as a result of the investigation into Shawn's death.
"I never thought that the state of Florida Department of Children and Families would have stooped that low, to try and change what the truth is in this case," said Cathy Sumner.
The judge wants a transcript of what Yoder would say before allowing him to take the stand.
The case goes to court next month.