PORTLAND, Ore. — The mother of 4-year-old Jhorden Clay tried to regain custody of him in the weeks leading up to his death. The boy's father, 19-year-old Marquavious Ware, was arrested on a murder charge after Jhorden died May 3 of suspicious injuries.
Ware appeared in a Multnomah County courtroom Friday, where he pleaded not guilty to killing his son.
Security in the courtroom was noticeably tight due to what happened in the moments following Ware's initial court appearance one week earlier, when his supporters got into a heated confrontation with little Jhorden's mother and her supporters, prompting deputies to intervene.
"I need justice for my son," Jonicia Clay said.
Clay said Jhorden had been with her for nearly all of his life, but in early April she let Jhorden visit his dad. Clay said Ware refused to return the child to her, and would only let him talk with her on FaceTime.
"This is the last time I spoke to my son," Clay said. "I took a FaceTime picture of his face and noticed marks instantly. I called the police. They told me to call non-emergency because it's his father."
Clay said she did that and more. Fearing that Ware had hurt Jhorden and would do so again, Clay filed a restraining order in Clackamas County court on April 26. Family law attorney Teri Plagmann, who is not connected to this case, explained the process.
"If you're trying to file a restraining order you have a burden of proof," Plagmann said. "You have to show there's abuse within the last 180 days by the preponderance of the evidence and that can be difficult."
It appears it was difficult in this case. A judge denied Clay's request for a restraining order, but Plagmann believes it might have played out differently had Clay filed for custody of Jhorden when he was born.
"If you have something that says and delineates 'this is what custody is, this is what parenting time is,' attorneys have an easier time going and enforcing that and parties can go file self help paperwork to enforce it and send police over to pick up a child," Plagmann said.
Police did get involved on May 3 when they were called to Ware's Northeast Portland apartment. Jhorden had blood in his lungs. He was rushed to the hospital where he later died. Doctors said Jhorden had bruising and swelling all over his body. The injuries, they said, were consistent with child physical abuse.
"How do you kill your own kid?" Clay asked.
The question haunts Clay, much like Ware's proclamation of innocence in the courtroom.