Man charged with murder, sodomy in toddler’s death told police she choked on cigarette wrapper
When a Lexington 3-year-old died in 2018, the man taking care of her told police she’d choked on cellophane. About a year later, DNA test results led investigators to charge him with murder and sodomy in the girl’s death.
Andrew Charles Buster, Jr., 33, was charged on Jan. 27 in the December 2018 death of Lillyann Grace Reck, who had been left in his care. Fayette County District Court Judge Lindsay Hughes Thurston found Tuesday that there was enough probable cause to move the case to a grand jury.
On Dec. 10, police were called to an apartment at 1040 Cross Keys Road for a report of a child who was unresponsive. Buster was the one who called 911 and dispatchers guided him through CPR until responders arrived, Lexington police homicide detective Jeffrey Fugate testified.
When police got to the apartment, Buster told them that Lillyann had choked on a cellophane wrapper while he was trying to clean his apartment, Fugate said. The Lexington Fire Department found a cellophane wrapper in the ambulance used to transport Lillyann to the hospital and turned it over to police.
Buster told police he had cleared cellophane, a cigarette pack wrapper, from Lillyann’s airway after she was found unresponsive, Fugate said.
Lillyann’s mother, a neighbor of Buster, left Lillyann in his care while she was at work, according to police.
Four days after being taken to a Lexington hospital, Lillyann died. A medical examiner ruled that her death was caused by asphyxiation, Fugate said.
Lillyann suffered an injury that could be consistent with sexual assault, but Buster’s attorney, Andrea Kendall, said Tuesday that it was not clear when the injury occurred. She argued that there was not enough evidence in the case for probable cause to be found in either of the charges against Buster.
Presumptive DNA tests from samples in the case came back in April 2019, but official DNA analysis results did not come back until December of last year, Fugate said. DNA matching Buster was found and the case was handed over to homicide investigators who felt that they had enough evidence to charge Buster with sodomy and murder. Fugate noted Tuesday morning that he believed this was a case of intentional murder.
During Tuesday’s hearing, Fugate said that he had been unable to locate Lillyann’s mother and talk to her since the charges were filed against Buster.
Buster’s case will move onto a grand jury, which will determine whether or not to indict him on the charges and move his case on to Fayette County Circuit Court to be prepared for trial.
Kendall asked Thurston to review Buster’s $1 million bond Tuesday morning. Thurston denied the request, citing the nature of the charges and saying she believed Buster to be a potential danger to the community.
