Even though 13-year-old Nathan Wylie died April 1 of a suspected drug overdose, according to a new coroner’s report, his aunt on Tuesday still was in shock, grieving and trying to absorb the situation.
Penny Jo Bilbrey knows prosecutors are considering criminal charges against her brother, Robert Wylie, who was named by a co-worker in a Dayton police report as owning the drugs his son allegedly took.
Nathan Wylie died of an “anoxic brain injury” due to suspected drug intoxication, according to a Montgomery County Coroner’s Office report. The death was ruled an accident, according to the report. Nathan also had evidence of marijuana use in his system.
Nathan’s death certificate also said the toxic substance was not identified. No one has been charged in Nathan’s death, but prosecutors have said they were waiting to review toxicology results.
“Nathan was a product of his environment,” Bilbrey said. “But he also had a huge heart, was his brother’s protector, loved fishing, baseball and football.”
Nathan’s younger brother was put into protective custody after Nathan was rushed to a hospital on March 28. Paramedics at a fire station on South Broadway Street used several doses of Narcan to partially revive Nathan.
The autopsy report also showed that Nathan was an organ donor.
“Yes, they did send me a letter,” Bilbrey said of officials who recognized Nathan’s organ donation. “That was some of the (only) comfort I got from his death.”
Robert Wylie, 40, is being held on a $100,000 bond in the Montgomery County Jail on an unrelated charge stemming from a Dec. 17, 2016, traffic stop in which he was found with drugs.
Dayton police officers testified last week that Nathan was in the SUV with his father and Robert Wylie’s girlfriend when the father was found with heroin, cocaine and drug paraphernalia.
Robert Wylie’s attorney is challenging the pat-down process of the officer who located a “rig” — a hypodermic needle. His defense attorney has said there was no indication charges related to his son’s death will be filed.
Montgomery County prosecutors have written in court motions that Robert Wylie “is a key suspect in the death of (Nathan).” A prosecutor’s office spokesman did not immediately return a call seeking comment.`