Jhorden Clay, a 4-year-old boy, died on May 3, 2023, in Portland, Oregon, from injuries inflicted by his biological father, 19-year-old Marquavious Ware. The child had lived with his mother, Jonicia Clay, for nearly all of his life, but in early April 2023 was sent to visit his father who then refused to return him. The mother noticed injuries on the child's face during a FaceTime call, contacted police, and filed for a restraining order which was denied. A report to ODHS about the child's injury while in the father's care was closed at screening. On May 3, 2023, first responders found the child unconscious and seizing at the father's apartment, with blood throughout the home. The child died in surgery at the hospital. The cause of death was blunt force trauma to the abdomen causing a lacerated liver and chest wall fracture, with manual strangulation as a secondary contributing factor. The child had patterned bruising and injuries from head to toe, multiple scars, and was severely malnourished and dehydrated. The father was arrested and charged with second-degree murder and first-degree criminal mistreatment. The paternal grandmother, who lived in the home, received a founded neglect disposition as the injuries were so severe that no adult in the home could have been unaware of the abuse.
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)?
Is there any mention of inflicted injury? (e.g. slapped, punched, kicked, choked)
Multiple sources describe inflicted injuries. The fatality report states the cause of death was "blunt force trauma to the abdomen causing a lacerated liver and a chest wall fracture with a secondary contributing factor being manual strangulation." The child was "hit with items including shoes and cords on his bare body." Another child witnessed "the father engage in physical abuse with the use of various objects" and another child "demonstrated being punched in the chest with a fist" and described seeing the deceased child "hit on the feet." The KGW article reports "bruising and swelling all over his body" with injuries "consistent with child physical abuse."
Is there any mention of malnutrition, starvation, or dehydration?
Multiple sources explicitly reference malnutrition and dehydration. The fatality report states: "the child was underweight, to the point of malnourishment and dehydration" and "The father did not provide adequate nurturing or nutrition to the child." It also notes "the child was severely malnourished." The KPTV article confirms: "appeared to be dehydrated and malnourished." The fatality report also states that the CPS caseworker learned on May 4, 2023, that "the child was severely malnourished and dehydrated."
Is there any mention of medical neglect?
Is there any mention of a motor vehicle crash or incident?
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)?
The fatality report documents concerns of prenatal substance exposure for this child. The December 28, 2017 report states: "There was concern the mother was using marijuana during her pregnancy." The July 16, 2018 report, which describes the child's birth, reiterates: "There were concerns that the mother used marijuana during the pregnancy" and notes "the child was held for concerns related to low birth weight." While no positive drug test of the child at birth is documented, the reported maternal marijuana use during pregnancy constitutes a mention of prenatal substance exposure.
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)?
The evidence describes a sustained pattern of deliberate cruelty over weeks. The fatality report states the child had "patterned bruising on various parts of the body and was described as having injuries from head to toe," "multiple scars including patterned scarring," "evidence of strangulation," and was "severely malnourished." Another child in the home "made clear and descriptive disclosures of seeing the father engage in physical abuse with the use of various objects" and "described graphic details of the injuries." The child was reportedly "hit with items including shoes and cords on his bare body." The injuries were determined to be 4-5 weeks old, corresponding to the time the child was in the father's care. The combination of sustained physical abuse with various objects, strangulation, patterned injuries, and deliberate deprivation of food/nutrition over weeks constitutes prolonged, deliberately cruel treatment.
Is there any mention of an unsafe sleeping environment?
Individuals Involved
Was an adoptive parent or guardian involved in the death?
Was a biological father involved in the death?
The biological father was directly responsible for the child's death. The fatality report states: "The allegation of physical abuse to the child by the father was determined to be founded. The child died as a result of blunt force trauma and had multiple injuries at the time of the death." The father was arrested for murder: "The CPS caseworker spoke with the detective, who confirmed the father was arrested for murder and mistreatment." The OregonLive article identifies the father as "Marquavious D. Ware" held on "allegations of second-degree murder and first-degree criminal mistreatment."
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)
The paternal grandmother, an adult relative, had a founded allegation of neglect. The fatality report states: "The allegation of neglect to the child by the father and paternal grandmother was founded. The medical examiner noted that no adult in the home would have been unaware of the abuse occurring to the child as the injuries were beyond noticeable. The paternal grandmother resided in the home with the father and the child and asserted herself as the main adult in the home." Additionally, physical abuse allegations against the paternal grandmother were coded as "unable to determine."
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?
The fatality report's July 16, 2018 report entry states: "The mother gave birth to the child a week earlier and at the time of this report, the mother and the child were still in the hospital. The mother was held for concerns for blood pressure and the child was held for concerns related to low birth weight."
Is there a history of child protection reports prior to death (for this child or siblings)?
The fatality report documents an extensive history of prior CPS reports. Multiple reports were filed regarding the child and family members before the child's death, including: a neglect report on December 28, 2017 (closed at screening); a neglect report on August 23, 2019 (unfounded); a threat of harm report on December 9, 2019 (unfounded for mother, founded for maternal grandmother); a physical abuse report on August 28, 2020 (closed at screening); a threat of harm report on January 29, 2021 (unfounded); and many more reports through April 19, 2023. The November 8, 2022 report alleged physical abuse, neglect, mental injury, and threat of harm (all unfounded). The April 19, 2023 report about the child having an injury while in the father's care was closed at screening.
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?
The fatality report states: "The father was subsequently arrested" and "the detective, who confirmed the father was arrested for murder and mistreatment." The OregonLive article confirms: "Marquavious D. Ware, is being held at the Multnomah County Detention Center on allegations of second-degree murder and first-degree criminal mistreatment."
Is domestic violence by the parent/caregiver referenced?
Domestic violence is extensively documented. The fatality report states: "The mother reported the father had raped her on a number of occasions and had made recent threats." The December 9, 2019 report describes a violent altercation between the mother and maternal grandmother involving a knife and pizza cutter. The January 29, 2021 report describes the father threatening to "shoot up" the family home. The paternal grandmother's history includes a December 15, 2021 report where the father (child's father) was observed fighting with a 17-year-old ex-girlfriend in public and "grabbed the man around his neck and forcefully threw him to the ground." The paternal grandmother's significant other's case (August 14, 2017) describes him slapping the mother, grabbing her by the neck, and throwing her to the ground, with the mother reporting "a pattern of domestic violence" over six years.
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?
The fatality report documents mental health concerns for multiple caregivers. The mother attempted suicide: "the mother attempted suicide by taking anti-depressants prescribed to the maternal grandmother" (August 23, 2019 report) and "It was noted this was not the first time the mother had attempted suicide." The mother "already suffered from depression." The May 4, 2022 report notes: "The mother was impacted by mental health concerns." The maternal grandmother sent "vaguely depressed messages" and mentioned "taking a bottle of pills." In the May 4, 2023 report, the maternal grandmother "shared she was recently diagnosed with Bipolar."
Is a history of arrests or criminal charges for the parent/caregiver referenced?
The OregonLive article states: "Court records show Ware was convicted of second-degree robbery and riot in 2019, when he was 16. Another case was dismissed that year in which he was accused of assault and theft." These convictions predate the child's death in 2023. Additionally, the fatality report's January 29, 2021 entry notes: "He was also alleged to have gang involvement and was also involved in the criminal justice system." The December 15, 2021 report describes the father assaulting a 73-year-old bystander, causing two broken ribs. The maternal grandmother was also arrested for assault in December 2019.
Is substance use by the parent/caregiver referenced?
Multiple substances are referenced in connection with parent/caregiver use throughout the fatality report. The mother was reported to be "smoking marijuana around the child" and "taking the medication to make her feel good" (referring to the maternal grandmother's narcotic medication). The maternal grandmother "was reported to struggle with misuse of opiates, and that she would take suboxone and oxytocin, but was only prescribed Vicodin" and "had threatened suicide by overdosing on fentanyl." The paternal grandmother's case includes that a newborn "tested positive for methadone and marijuana at birth" and she "disclosed a single use of an old oxycodone prescription."
Notable Details
The fatality report identifies several significant systemic failures. First, the April 19, 2023 report—received just two weeks before the child's death—was closed at screening despite the child having an unexplained bruise/bump on the forehead while in the father's care. The CIRT states: "The unexplained injury on the forehead of the 4-year-old child warranted a CPS assessment." Law enforcement had told the family that "ODHS would follow up with them, however this did not occur as the report was closed at screening." Second, the CIRT noted "Karly's Law was not followed per Oregon Revised Statute" during the November 8, 2022 CPS assessment when the child had a bruise on his face. Third, the mother filed for a restraining order to protect herself and the child from the father on April 23, 2023, but it was denied by the court. The CIRT explicitly acknowledged: "the mother approached multiple systems for assistance in ensuring the child's safety but was unsuccessful in obtaining the assistance she needed. The CIRT discussed how systemic racism negatively impacts specific populations when navigating complex systems." The KGW article corroborates the mother's efforts, quoting her: "I took a FaceTime picture of his face and noticed marks instantly. I called the police. They told me to call non-emergency because it's his father." These systemic failures across law enforcement, the court system, and child welfare are substantive and directly relevant to understanding how the child's death could have been prevented.
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