A tragic incident in Virginia has led to felony charges against a father and his mother after the father’s 3-year-old son was fatally trapped under a flipped tractor. Authorities allege that the pair waited over 20 minutes to call for help, significantly delaying the child’s chance for survival.
The Tragic Incident
On April 23, 2023, Austin Tester, 21, was driving a farm tractor with his 3-year-old son seated on his lap in the 100 block of Davis Alley, Bristol. According to the Bristol Police Department, the tractor overturned, trapping the young boy underneath.
Rather than immediately contacting emergency services, Austin Tester reportedly called his mother, Kelly Tester, 41, at around 11:17 a.m. Kelly Tester arrived at the scene shortly after, but neither of the two adults called 911 right away. Instead, they waited 22 minutes before making the first emergency call, and emergency responders did not arrive until 31 minutes after the accident.
The Delay in Calling for Help
As emergency services worked to lift the overturned tractor and free the child, paramedics immediately began life-saving measures. The child was rushed to a hospital, but despite efforts to save him, he succumbed to his injuries. The cause of death, as determined by an autopsy, was asphyxiation, likely due to the tractor’s weight pinning the boy.
Investigators believe that the delay in contacting emergency services significantly impacted the ability to provide timely assistance, worsening the child’s condition.
Charges Filed Against Father and Grandmother
In the wake of the incident, Austin and Kelly Tester were charged with multiple offenses. Austin Tester faces charges of felony homicide, felony child abuse, and felony neglect. Kelly Tester has been charged with felony obstruction of justice in addition to the same charges.
Police discovered that Austin Tester had an outstanding probation violation related to a prior drug-related offense. Authorities believe this was the reason he fled the scene when first responders arrived. When officers located him at his mother’s home, Kelly Tester was allegedly found to have provided false information to law enforcement and assisted in concealing Austin’s whereabouts.
Law Enforcement and Community Reactions
Bristol Police Chief D. Byron Ashbrook expressed his sorrow over the incident, calling it “heartbreaking and tragic.” He stated, “Our thoughts are with the family during this incredibly difficult time. This investigation revealed a significant delay in contacting emergency services, which is deeply concerning.” He also pointed out that delays like this not only affect the victims but also the first responders who work quickly under pressure in critical situations.
Arrests and Ongoing Investigation
Austin Tester was arrested and booked into the Southwest Virginia Regional Jail Authority without bond, while Kelly Tester was also arrested and placed in the Abingdon Facility of the same regional jail, also without bond. Authorities continue to investigate the circumstances surrounding the incident, and both individuals are facing serious charges in connection to the child’s death.
