Three-year-old Damien Legassick was struck and killed by a semi-tractor trailer truck on South 2nd Street (Route 29) in Pekin, Illinois, after he left his family's apartment unnoticed while in his father's care. The father had placed the toddler in the living room and then went into his own bedroom to watch videos using headphones, leaving him unaware the child had left. Despite the parents' knowledge that the toddler had a history of escaping the home — having installed a safety knob on the front door and using a rod to secure a broken sliding porch door lock — law enforcement found the main door unlocked and the rod not in place. The father admitted to drinking one to two beers earlier in the afternoon. The child was pronounced dead at the scene from blunt force head trauma. DCFS indicated the father for death by neglect. A prior DCFS investigation in February 2021, prompted by reports of the home lacking heat and hot water and the child sleeping in a car seat, had been unfounded for environmental neglect.
Contexts/Conditions
Is there any mention of child drug ingestion or overdose?
Is there any mention of a drowning incident (either intentional or accidental)?
Is there any mention of a firearm incident?
Is there any mention of inappropriate supervision (e.g., child wandered off and drowned)?
The fatality report explicitly describes inadequate supervision. The father "went into his own bedroom to watch videos using headphones, and he did not hear the toddler leave." Law enforcement "found the main door unlocked and the father was in a room with the door mostly closed. He was unaware the toddler was gone." Additionally, the father admitted the "toddler had a history of escaping from the home" and the rod securing the sliding porch door "was not in place." DCFS indicated the father for death by neglect.
Is there any mention of inflicted injury? (e.g. slapped, punched, kicked, choked)
Is there any mention of malnutrition, starvation, or dehydration?
Is there any mention of medical neglect?
Is there any mention of a motor vehicle crash or incident?
All three documents describe the child being struck and killed by a semi-tractor trailer truck as a pedestrian. The fatality report states the cause of death was "Blunt force head trauma due to pedestrian struck by a semi-tractor trailer truck." The news articles corroborate this, with the 25newsnow article stating "the semi was traveling south on South 2nd Street at around 3:21 p.m. Thursday when the crash happened."
Is there any mention of a murder-suicide incident?
Is there any mention of outdoor elements (including hot car deaths)?
Is there any mention of prenatal substance exposure (including fetal alcohol syndrome or neonatal abstinence syndrome)?
Is there any mention of sexual abuse?
Is there any specific mention of shaken baby or abusive head trauma?
Is there any mention of prolonged abuse or torture (including restraints, captivity)?
Is there any mention of an unsafe sleeping environment?
The fatality report describes a prior investigation in February 2021 where "the toddler slept in a car seat," which is an unsafe sleeping environment for a child. The report states: "law enforcement responded to a report that the family home lacked heat and hot water, the toddler slept in a car seat."
Individuals Involved
Was an adoptive parent or guardian involved in the death?
Was a biological father involved in the death?
The fatality report identifies the father as the caregiver at the time of the incident. The report states: "Three-year-old was struck and killed by a semitruck after he left the family's apartment while in his father's care." The father was watching videos with headphones, failed to secure the doors, and "DCFS investigated the toddler's death and indicated the father for death by neglect." The text refers to "the parents" collectively (mother and father), and the father is described as the child's father in the family context, implying a biological relationship.
Was a biological mother involved in the death?
Was a day care worker, babysitter, or nanny involved in the death?
Was a female paramour or friend involved in the death (e.g., girlfriend, stepmother)?
Was a foster parent involved in the death?
Was a male paramour or friend involved in the death (e.g., boyfriend, stepfather)?
Was another adult relative involved in the death? (e.g., grandfather, aunt)
Was a sibling involved in the death?
Child Characteristics
Was the child adopted?
Was the child homeschooled (including "cyberschooling") or taken out of school?
Was the child in foster care at the time of the incident?
Was the child living with relatives at the time of the incident (but not parents)?
Is there any mention of a neurological developmental child disability? (e.g., autism, intellectual disability, nonverbal)
Is there any mention of a physical child disability? (e.g., feeding tube)
Is there any mention of prematurity or low birthweight?
Is there a history of child protection reports prior to death (for this child or siblings)?
The fatality report details a prior DCFS investigation in February 2021: "In February 2021, law enforcement responded to a report that the family home lacked heat and hot water, the toddler slept in a car seat, and the toddler had not been bathed in a week." The investigation was unfounded for environmental neglect. This constitutes a history of child protection reports prior to the child's death.
Does the child have a history of foster care (but not in care at time of incident)?
Is there a history of a sibling death (separate incident from this death)?
Parent/Caregiver Factors
Was an adult charged or arrested for the child's death?
Is domestic violence by the parent/caregiver referenced?
Is there any mention that the death occurred in a temporary shelter or while homeless?
Is an intellectual disability of the parent/caregiver referenced?
Is the mental health of the parent/caregiver referenced?
Is a history of arrests or criminal charges for the parent/caregiver referenced?
Is substance use by the parent/caregiver referenced?
The fatality report states: "The father admitted to drinking one to two beers earlier in the afternoon and there were empty beer cans in the room." Additionally, in the February 2021 investigation, the CPI observed the home to be "dirty and cluttered with beer cans in the parents' bedroom." This constitutes references to substance use (alcohol) by the parent/caregiver.
Notable Details
The fatality report contains several notable details: The father reported the toddler "had a history of escaping from the home, so they installed a safety knob inside the main front door." Despite this known risk, the father failed to adequately secure the home — the rod securing the broken sliding porch door lock "was not in place" and the main door was unlocked. The prior DCFS investigation in February 2021, which found dirty conditions, the child sleeping in a car seat, lack of heat and hot water, was ultimately unfounded for environmental neglect. This unfounded investigation was the stated reason for the OIG's review of this death, raising questions about whether the prior investigation's resolution was adequate given the subsequent fatal outcome.
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