The Lincoln County District Attorney is seeking the death penalty in the case of 2-year old Braxton Danker.
Investigators say the child was murdered by his mother and her boyfriend who cite months of abuse.
News 9 was able to confirm that DHS was notified about potential danger, but the report was not completed before the toddler's death back in May.
Braxton’s mother Judith Danker, and her boyfriend Kristian Tyler Martzall appeared in court Thursday afternoon. Death penalty documents were filled on both suspects.
“The investigator revealed that Braxton suffered horribly the last few days of his life,” said Lincoln County District Attorney Adam Panter.
Court documents state the child died from an injury to his head. Investigators said there was also a large wound on Braxton’s body, and it appeared gangrene set-in.
Prosecutors said a witness in the town of Wellston, gave statements that they saw "both Danker and Martzall striking the child repeatedly about the body with a belt, in the yard..."
Official documents also add that the child had not been examined or treated by "...any wellness medical examination in approx. one year..."
The night Braxton died his mother called 911 as she rushed him to Edmond's Integris hospital.
Here is an excerpt of that call:
911 Dispatcher: "Ma'am?"
Danker: "He is purple."
911 Dispatcher: "Say that again."
Danker: "He is purple. He is turning purple."
The child soon passed away.
Many in law enforcement said this was one of the worst cases of child abuse they had ever seen.
“Both the defendants in this case were responsible to his suffering, and led to his death. We believe that the only way to truly seek justice for Braxton's life is to seek the death penalty,” said ADA Panter.
The case file states Martzall has denied using corporal punishment in the past to discipline the child.
As for Danker, records show she hit her child with a shoe, plastic spoon and belt.