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Report: Mother blames boyfriend for abuse to 3-year-old's younger brother

Posted at 4:25 PM, Sep 04, 2018
and last updated 2018-09-06 20:19:32-04

The mother of a 3-year-old boy who was later found dead near the Lake Mead National Recreation Area told police that her boyfriend caused the injuries to the boy's younger brother. 

According to Cassie Smith's arrest report, police found injuries consistent with child abuse with her 2-year-old son. 

After Smith reported 3-year-old Daniel Theriot missing in Sunset Park, police contacted Smith's boyfriend Joshua Oxford, who was at the residence with the younger child. Child Protective Services was called since a missing child investigation was in progress and the investigator noticed numerous marks on his face and ears. 

The boy was transported to Sunrise Hospital for a welfare exam. He had bruising and marks on his legs, ears, eyes and forehead. 

When police interviewed Smith, she told police she believed it was rug burn. She was then told that was not plausible and police said she began to cry. 

Smith said Oxford hurts the boy when she is not around. She added that she saw Oxford pull on his ear, hit him and pinch him when the boy was misbehaving. 

Smith denied any physical abuse came from her. Police did tell her that the boy had numerous injuries on his right side. Smith is left-handed and police said it is common to hit someone from the dominant hand. 

13 Action News also looked into Smith and Oxford's criminal histories. Smith had only recently moved to Las Vegas from Texas, but Oxford has a long criminal record spanning nearly two decades.

Most notably, in 2013, Oxford pleaded guilty in a child abuse case and was sentenced to three years probation.

Prosecutors said an autopsy showed Theriot had also endured signs of abuse.

Theriot's father, James, told 13 Action News hopes Smith and Oxford "never see the light of day."

James is planning to come from Texas to Las Vegas to get his other child, who is now in protective custody.

Murder charges have been filed against Smith and Oxford. There is no bail on the murder charges. 

Bail was set for $100,000 each for Smith and Oxford after they made their first court appearance earlier this week. This was in reference to the child abuse charge.