According to the criminal complaint, a forensic pathologist has listed the child's cause of death as blunt force trauma to the head. The complaint also refers to a "bleed" in the child's brain and includes a statement from a doctor at St. Joseph's Hospital in Marshfield attesting that the child's injuries do not match the information supplied by his stepmother.
The complaint states the investigation began with a hang-up phone call from the Tran residence in Newbold on Friday evening. When the dispatcher called back, Ellen Tran reported that her stepson had not been acting right since she got him out of the bath. She was directed to perform CPR on the child and medics were dispatched to the scene.
According to the complaint, Tran told authorities the boy fell in the shower. However, the boy's father, Dr. Trung T. Tran, told investigators he didn't know why his wife would have bathed the child as he had bathed him earlier in the day. He also noted the boy did not like running water and reported the boy and his wife were "not bonding well" and the boy always wanted to be with him when he was home.
According to the complaint, Dr. Tran told investigators he left for work between 5:30 and 5:45 p.m. and learned that his son was at the hospital when he got to work. He told police the child hadn't been eating well since the visit began on April 1 and had a respiratory infection. Trung also said (the boy) "was clumsy and had some bruising on his legs."
After his son's death, Dr. Tran asked investigators if they were going to arrest him for failing to protect the child, the complaint also states.
In her interview with investigators, Ellen Tran said she could not remember how the child fell in the shower but knew that he had. She also said she was caring for her nine-year-old and 15-month-old children, as well as her stepson, at the time.
In an interview with law enforcement, the boy's mother advised that "she knew this was going to happen" and accused Dr. Tran of having something to do with the death, the complaint states.
The mother's child custody attorney contacted investigators to report that there had been a temporary restraining order (TRO) placed against Ellen Tran preventing her from having contact with the boy. The attorney said the TRO had recently been lifted but an appeal of that decision was set to be heard April 20 in Virginia, the complaint states.
The attorney said the TRO was sought after bruising was found on the boy after he was returned from his last visit with his father and Ellen Tran had been the primary caregiver during that visit.
According to the complaint, it had been approximately 10 months since Dr. Tran had visitation with his son.
Great catch, whoa. She obviously hated Avery, and this is why. I bet he looks like his mother, too. 
