*The related video above details the latest court ruling regarding the victim’s mother*

CLEVELAND  (WJW) — Family members of a 3-year-old boy, who was killed just months after his birth mother regained custody of him, are holding a rally in his honor outside the Cuyahoga County Juvenile Justice Center Wednesday.

LaTorya Witcher, is the aunt of the young boy named Curtis. She says she wants justice for her nephew and his brother, who remains in foster care.

“He should have never been given back to his mother,” Witcher said. “We want to be heard. We want justice.”

The rally will be held at 1 p.m. Wednesday.

Curtis died in June. The Cuyahoga County Medical Examiner’s Office ruled his death a homicide, saying he died of blunt force trauma.

His biological mother Timmeka Eggleton had been indicted by a Cuyahoga County grand jury on several charges, including aggravated murder. Last week, however, she was found not competent to stand trial and ordered to an inpatient mental health facility.

Curtis was with a foster family for the first two and a half years of his life. His foster family told the I-Team they wanted to adopt him. They said they were concerned about his safety if he was sent back to live with his biological mother.

But in July of 2022, Cuyahoga County Juvenile Judge Alison Floyd granted custody to Eggleton, even though at that time she was currently on a diversion program in Cuyahoga County Common Pleas Court for grand theft. 

Court records show, in March, Judge Floyd terminated supervision and gave Curtis back to his biological mother permanently, even though an attorney hired to represent the child expressed concerns.

Attorney Russ Gates, who was the attorney appointed to represent Curtis, filed a motion in court asking the judge to continue the hearing in March, saying Eggleton is “denying” his ability to investigate the child’s circumstances.

“The child’s mother, Timmeka Eggleton, on March 8, 2023, called me and stated I would not be permitted into her house. I was to visit with the child outside only. I was to be accompanied by someone else and all visits must be pre-arranged; i.e., unannounced visits are not permitted,” Gates’ motion states. “The mother was verbally abusive, beyond what is typical, speaking in a very insulting and demeaning manner, as well as swearing and being dishonest. She also stated I was not to speak to her of anything she did not want to discuss; it was not clear if she meant permanently or just on that call.”

Gates further noted in the motion he was concerned about the mother’s “abusive, unstable behavior” being directed at the children.

Judge Floyd has not returned our calls asking to discuss the case.