A 28-year-old man has been indicted on felony child abuse charges in the March death of Kaivion Eleby, 7, who fell about 100 feet while hiking near Gold Camp Road, the 4th Judicial District Attorney’s Office announced Thursday.
An El Paso County Grand Jury indicted Kyle Clayton McClain on Tuesday, charging him with felony child abuse, criminal negligence, and misdemeanor child abuse, the DA’s Office said.
McClain “consumed alcohol prior to going to the area,” according to the indictment.
“The Grand Jury found that the physical area in question presented an ‘obvious and apparent danger’ and that alcohol was a factor in the incident,” according to the DA’s Office.
Eleby, a first-grader at Bristol Elementary School, was hiking with family when he fell to his death March 17, his mother told The Gazette at the time.
“He was a very happy kid. Always smiling. Always asking questions about anything and everything he could about everything,” Wilma Eleby said in March.
Firefighters attempted a high-angle rescue, but the boy was dead by the time they reached him.
McClain’s bond is set at $25,000, court records show. His advisement hearing is set for 1:30 p.m. Friday.