The probable-cause affidavit filed in the case reads that the Fort Wayne Police Department was notified by a local hospital on March 16 of a potential case of child neglect, with a detective then making contact with the child's parents. The child was listed in critical condition on that date.
On March 18, according to the affidavit, the FWPD detective was notified that the child was moved to Riley Hospital in Indianapolis for emergency surgery and was still in critical condition, and that a representative of Department of Child Services had conducted an informal interview with a 5-year-old daughter of the two parents. The girl allegedly stated that she saw Kiesel, the father, throw the boy to the floor and strike him in the stomach.
Kiesel, 27, was the subject of a recorded interview March 18, where he told a detective that he was the caregiver for the child March 16 and that the boy was crying during the day as if he were in pain and that when Kiesel picked him up, the boy appeared to be limp and very tired; Kiesel told the detective that he waited for the child's mother to return before they took him to the hospital, the affidavit claims.
On March 19, Riley Hospital advised the FWPD that the child had undergone abdominal surgery and also had severe brain injuries and remained in critical condition.
Kiesel, when interviewed about the child's injuries, told detectives that he knew that his daughter had told police that he threw the child down and punched him, but denied dropping the child. The detective obtained text messages between Kiesel and the infant's mother where Kiesel allegedly wrote, "Three hours of crying am going to (expletive) lose it...I cant (sic) do the crying," and "now he wants to go to sleep now that I said (expletive) it and got uo (sic)."
Riley Hospital further advised the FWPD that the boy had subdural hematomas and bleeding on the brain and that a doctor who treated the child stated that he believed the injuries took place March 15. and that the child's injuries were not consistent with a fall or accident. The doctor also advised that the child has bruising in the bowel and a tear in its lining that are consistent with being punched in the stomach.