Arraignment for a man accused of beating his girlfriend’s 5-year-old daughter to death was set over Thursday, but prosecutors have already filed murder charges against him.
Ryan M. Burge, 37, was scheduled to enter a plea on first- and second-degree murder in the death of Hartley Anderson — who suffered severe head trauma and died at a Portland hospital last week — but the hearing was pushed back to Dec. 4 at the defense’s request.
He initially faced allegations of second-degree murder and first-degree assault of a child. Chief Criminal Deputy Prosecutor Camara Banfield, who handled Thursday’s hearing, said afterward that the state decided to file the greater charge after reviewing the evidence.
Burge was not brought over to court for the hearing; instead, he appeared via video in a packed courtroom. The unusual move was likely brought on due to security concerns. The girl’s father rushed at Burge at his Monday first appearance, but he was subdued by several corrections deputies and escorted from the courtroom.
Dozens of family and friends gathered outside the second-floor courtroom — most wore T-shirts memorializing Hartley — but only a handful of family members went inside the small courtroom for the hearing. Gasps could be heard as Burge appeared on a television screen mounted to a wall across from Clark County Superior Court Judge Scott Collier.
Vancouver police responded at 5 p.m. Nov. 2 at the Madison Park Apartments, 12901 N.E. 28th St., where emergency responders were treating Hartley for severe head trauma, according to a department news release.
The girl’s mother, Nataasha Luchau, called 911 and reported that Hartley “reportedly threw herself into a wall and was unresponsive,” and she “was bleeding badly and had shallow breathing,” according to a probable cause affidavit.
The child was taken to PeaceHealth Southwest Medical Center then, because of the severity of her injuries, transferred to Randall Children’s Hospital in Portland, where she died, police said.
A neurosurgeon at the children’s hospital told a detective that the girl suffered a stroke and massive brain swelling. The doctor said the injuries to her head “could not be self-inflicted,” the affidavit says.
Burge, Luchau’s live-in boyfriend, had been baby-sitting Hartley all day while Luchau worked and her sons were at school, according to the affidavit.
In an interview with detectives, Burge said Hartley “threw a temper tantrum” when they left a grocery store because he refused to let her go back inside to buy candy, the affidavit states. When they got home, Burge said he sent Hartley to her room.
Burge said the girl started kicking the walls, and when he entered the room, she “spun around and started hitting her head against the wall.” He said he tried to grab Hartley to stop her, but she pushed away, the affidavit says. He said he saw “goose bumps” on the girl’s head and a mark on the side of her forehead.
However, when pressed about the severity of her injuries, Burge “denied causing any harm to her,” according to the affidavit. Police subsequently arrested him.
During Thursday’s hearing, defense attorney Renee Alsept said she planned to file a motion to preserve certain pieces of evidence, including the headboard of Hartley’s bed. Burge told police that Hartley used her feet “to push off the bed railing” and slam her head into the wall, according to the affidavit.
Outside the courtroom, Hartley’s grandfather, Tim Luchau, said the postponement of the arraignment was a good thing. The more time prosecutors have to prepare the case, the better, he said.
“He’ll be found guilty. It better be life,” Tim Luchau said.
