Defense attorney requests mental health evaluation for Gavin Peterson's brother

WEST HAVEN, Weber County — One of the family members charged with 12-year-old Gavin Peterson's death will be undergoing a mental health evaluation.

Tyler Peterson's attorney, Ryan Bushell, confirmed requesting the evaluation for his 21-year-old client.

"I think they cut them off from the family. I think they cut them off from the rest of the world as well," said Jared Doman, the brother of Gavin's mother, Melanie Peterson.

Doman said Gavin's father, Shane Peterson, and stepmother Nichole Scott alienated Gavin and his siblings, including oldest brother Tyler Peterson, from their extended family for years.

"Our contact with the children ended when Melanie's contact with the children ended," Doman said.

He said his family and loved ones are devastated by Gavin's death.

"When I learned about it, I felt sick to my stomach and then any information that comes out about the case renews that feeling," Doman said as he grew emotional. "Just sickening that that could happen. That you could allow your child to reach that point of starvation that their organs are going to shut down."

Shane Peterson, Tyler Peterson, and Scott are each charged with child abuse homicide, a first-degree felony; and two counts of aggravated child abuse, a second-degree felony, in the 12-year-old's death.

"I do feel a lot of anger over that," Doman said. "I don't know if I have words for Nichole. I don't know what kind of person feels the need to do that to a child. I don't know how much anger, how much hate you have that you need to release that to a child that is defenseless."

However, when it comes to Tyler Peterson, the emotions are complicated.

"He shouldn't be lumped in with Shane and Nichole where they knew what they were doing, they had plans of what they were going to do," Doman said. "I think Tyler was just going along, going along so that he didn't get in trouble."

According to Doman and Melanie Peterson, Tyler Peterson has autism. They believe Shane Peterson and Scott also mistreated him, and he was manipulated into participating in Gavin's alleged abuse.

"The Tyler that we know as a young child was always just a sweet kid. He would smile when he could, but he was very shy and quiet but very obedient," Doman said.

"He was really kind, he never wanted to get in trouble that's why I'm very shocked," Melanie Peterson added. "But they had him under their thumb, they controlled everything about him."

Prosecutors allege Tyler Peterson participated with Shane Peterson and Scott in a "prolonged pattern of abuse over the course of several years" inflicted on Gavin.

Court documents allege Tyler Peterson told detectives that Scott found Gavin unresponsive in his bedroom on July 9. She allegedly "carried him to the bathroom and put him in the tub in an attempt to revive him with the shower water."

Gavin died later that day at a hospital where doctors reported his body "showed malnutrition to the point his internal organs shut down completely," court documents state. Documents also indicate Tyler Peterson's phone was used to text Shane Peterson 21 minutes before emergency services were called.

"He's not breathing, do we call 911?" Prosecutors allege was texted at 2:17 p.m. from Tyler Peterson's cellphone to Shane Peterson's phone. "We don't know what to do." Then, at approximately 2:26 p.m., a 1.5-minute phone call was made from Shane Peterson to Tyler Peterson.

The court records allege Tyler Peterson made three trips to the shed at the north end of the residence before first responders arrived.

On two of the trips, prosecutors allege he was carrying items into the shed, based on surveillance footage recovered from a neighboring business which had a view of Shane Peterson's backyard. Detectives later recovered small surveillance cameras in the shed.

In search warrants executed on all three suspect's phones, detectives recovered messages in which they "discussed whether the child victim had been given any food or allowed to use the bathroom," watching Gavin on cameras placed in his room, discussions of "hitting or beating the child, even using a pinata stick to do so," keeping him locked in his bedroom, and feeding him only a "third cup of water, only giving him a piece of bread and mustard, or not feeding him food at all."

"How could he go along with that? Trust his dad, that was his dad," Melanie Peterson said through tears. "I do feel like he was a victim, and he's got his own story, and I hope he starts telling it, what happened to him. I get he was 21, but mentally, he was 14. I think there were patterns of abuse with Shane and Nichole. I will always love all my kids, and I love Tyler. He was put in a position he didn't want to be in for years."

A mental health evaluation can determine whether a defendant is competent to stand trial and can play if Tyler Peterson is a part in mitigating the charges.

A "Justice for Gavin" peaceful protest is scheduled for Monday in Ogden at 6 p.m. at City Hall Park on the northeast corner of 25th Street and Washington Boulevard.

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