Prosecutors seek death penalty in Tavares torture, abuse case after couple indicted on higher charges

    TAVARES, Florida (WESH) -- The Fifth Judicial Circuit State Attorney’s Office announced Thursday that a grand jury indicted a Lake County couple accused of abusing a boy to death and prosecutors now will be seeking the death penalty against both of them.

In February, 10-year-old Xavier Williams was dropped off at a local hospital in cardiac arrest with clear signs of severe physical abuse.

Kimberley Mills, the victim's mom, and her boyfriend, Andre Walker, are accused of abusing and torturing the child and were originally charged with second-degree murder.

With the indictment, those charges are upgraded to:

first-degree felony murder aggravated child abuse

The boy remained in critical condition for several weeks before being pronounced dead in March.

Detectives with the Tavares Police Department said the night Xavier Williams was taken to the hospital, he was duct taped to a ladder in the garage and had a weight dropped on him repeatedly.

Detectives said they learned this information in an interview with the boy's little brother, who was also allegedly abused.

Walker and Mills, both represented by private attorneys, submitted written not-guilty pleas in their case.

Although they were scheduled for an in-person court appearance on Monday, they failed to appear.

Walker and Mills are currently being held in custody without bond and are scheduled to return to court on March 24.