Octopus Found in Child's Throat - Man Arrested for Child Abuse

The boy's 21 year old mother arrived home to find her 36 year old boyfriend, Matthew Gallagher, performing CPR on her son because he had stopped breathing. The boy was taken to a hospital where a dead octopus was removed from the 2 year old's throat. The boy also sustained facial injuries. The head of the octopus was measured at around 2 inches in diameter. The police said the octopus was likely intended for sushi. The boy's condition has since been upgraded to good, and it doesn't seem like he has sustained any long term injuries due to the oxygen deprivation to the brain.

Gallagher has been arrested on child abuse charges because his story was inconsistent with the evidence. He has since bonded out of jail.

Comments from Allen:  Two factors in this case indicate felony child abuse charges are warranted: 1.  Gallagher had no logical explanation for how the dead octopus found its way inside the child's throat.  2.  The child had unexplained facial injuries.

Victims of serious child abuse are often found with multiple injuries, normally cuts or bruises which are inconsistent with normal cuts or bruises that children incur while playing.  The boy is very lucky to be alive, and more lucky to have sustained no brain damage after choking on a dead octopus.  Likewise, Gallagher is lucky he is not facing murder charges right now.

While Gallagher has the right to remain silent, and I normally instruct my clients to answer no questions when they are being charged with a crime, only one or two things could have happened here: the child innocently tried to eat the thing on his own, or Gallagher shoved it down the boy's throat, and was thereafter unable to retrieve it once the gag reflex of the boy kicked in and tried to swallow.

The evidence does not look good for Gallagher.  The child will be interviewed by someone qualified to question small children, to see what the child recalls.  Children this age can sometimes give helpful information concerning what happened to them.

At some point, hopefully the whole story will come out.  At this time, this looks very much like the child was being tortured when the octopus became lodged in the boy's throat.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.   
Sources for more information:

http://www.buzzfeed.com/mbvd/man-arrested-after-boy-found-with-octopus-in-his-mouth#.xl9w1M30O

http://www.11alive.com/news/kansas-man-faces-child-abuse-charges-after-octopus-found-in-toddlers-throat/124625405

 http://www.kansas.com/news/local/crime/article70496737.html

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