SCOTTSDALE, Ariz. — Earlier this month Scottsdale police arrested Stephanie Marie Davis and her husband Thomas Desharnais after they found 11-year-old Chaskah Davis Smith not breathing in a room at Extended Stay America near Osborn and Scottsdale Roads in Scottsdale.
Neighbors and hotel staff said they heard horrible noises, like whimpering and banging against the wall of the hotel. To them, the warning signs seemed obvious. "It was very clear something was wrong," one woman told 12 News.
Chaskah died at the hospital, according to authorities, and the couple was charged with murder and child abuse in the boy's death. Chaskah's 9-year-old half-brother was taken into Department of Child Safety custody.
Multiple allegations of child abuse
Davis is Chaskah's biological grandmother, who told police she had custody of her grandsons. But the 12 News I-Team's uncovered Davis had a history with law enforcement and that she might not have had legal custody of Chaskah and his brother, even though they'd been living with her for years.
Both Scottsdale police and DCS said they had a history with this family.
DCS says it investigated three separate child abuse allegations in 2017. All of those cases were closed within a month and all abuse allegations were found “unsubstantiated," according to an email from a DCS spokesperson.
Records show Scottsdale police investigated the family in 2017 after a school reported concerns of abuse and again in 2021 for disorderly conduct.
Grandma wanted in Minnesota
Since Davis' arrest earlier this month in Arizona, the 12 News I-Team found that Davis has had an active warrant out for her arrest in Minnesota since 2016, all while the Scottsdale police and DCS investigations were underway.
In that case, Davis is accused of violating a harassment order of protection in 2016. Court records show the warrant was issued in October of that year after Davis failed to appear in court for an arraignment in Minnesota.
"It raises the question whether these investigations actually took place at all," said Darcy Olsen with advocacy group Gen Justice. "Because if you do investigate and you have the name of a parent, one of the first things you’re going to do is run a check on that parent and see what’s been going on."
Did Grandma have legal custody?
Scottsdale police initially told 12 News that Davis had custody of her two grandsons, but 12 News hasn't found any records to back that up.
Records in Minnesota show that the grandmother filed for custody of her grandkids in December 2015, but was never awarded custody in that court.
There are no records in Maricopa County family court showing she ever got custody of the kids in Arizona.
It’s possible some juvenile records involving these kids could be sealed, but in both states, we’re told custody cases should be detailed in family courts.
"One of the first things that should be done should be an investigation into the caretaker of that child," Olsen said. "Who is the caretaker? Are they safe? These questions are so basic."
Olsen and Gen Justice are now calling for an independent investigation into what happened.
In an email, Scottsdale police later scaled back, saying they took the grandmother at her word and "have not received any formal documentation about custody."
Scottsdale police initially did not answer whether officers were aware of Davis' active warrant when they investigated the family before Chaskah's death or whether it would have changed the investigations.
But after this story was first published on Tuesday, a Scottsdale Police public information officer wrote an email stating "the warrant is not entered into the National Crime Information Center, which is what is checked for national wanted persons."
He explained that the warrant was "non-extraditable" in relation to Scottsdale's jurisdiction and if it is labeled as such, there would be no reason to contact the originating jurisdiction.
When asked what an officer should do if they learn of a warrant, even one that's out of state, the public information officer sent the following response:
"We check the warrant for extradition orders. If extradition is part of the orders, we contact the issuing jurisdiction for confirmation that the warrant is still active and that the jurisdiction wants the person. If no orders are listed, we follow the steps listed above and call the originating agency to make to those confirmations."
12 News was able to find the warrant in a public search tool through an online Minnesota courts portal.
DCS did not answer whether it confirmed custody in this case or whether investigators were aware of the outstanding warrant, but in an email, a spokesperson stated the agency’s "primary focus during an investigation is to determine if a child is safe living with the adults in their home."
DCS also provided a copy of its policy as it pertains to checking public records.
"The community was doing what they were supposed to do," Olsen explained, noting people reported this family in the past. "They saw cuts, they saw bruises, they heard horrible, terrifying noises. And now what you need is for the authorities to do what they need to do."
Those who witnessed signs of abuse gathered for a vigil in Chaskah's memory, placing signs for the boy on a fence outside the hotel where he took his last breath.
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