Alabama girl, 3, died of abuse in heroin addict fatherâs filthy home because the system failed, lawsuit claims
A 3-year-old girl found dead in the bathtub of her father’s east Alabama home two years ago had more than 50 signs of trauma covering her body and her head had been shaved, according to a lawsuit filed in her death.
Aydah DiMaso was found dead Oct. 4, 2021.
Her father, 25-year-old Nikolas DiMaso, is charged with capital murder, and her stepmother, 32-year-old Haley Dee Metz, is charged with aggravated child abuse and conspiracy to commit aggravated child abuse.
Family said DiMaso got custody of Aydah less than eight months before her death, despite her maternal grandparents’ fight to have her in their care.
Attorneys for Aydah’s family have filed a lawsuit against the Alabama Department of Human Resources and individual caseworkers for their alleged roles in the girl’s death.
DHR has not yet responded to a request for comment.
The lawsuit, filed by Birmingham attorneys Tommy James of Tommy James Law and Jeremy Knowles of Morris Haynes, alleges multiple failures by DHR and caseworkers to protect Aydah from ongoing abuse and neglect.
The suit alleges systematic failings and neglect that allowed the young child to remain in a severely harmful environment despite clear indications she was in danger.
“This case represents an egregious failure of the system that is supposed to protect our most vulnerable children,” James said.
“Aydah’s death could and should have been prevented. We are seeking justice for Aydah and accountability for those whose conduct resulted in her tragic death.”
According to charging documents against DiMaso, Aydah was killed with DiMaso’s “hands and/or fists.”
She was found unresponsive after family members asked police to go to the DiMaso home on Crestview Drive in Gadsden that Monday afternoon for a welfare check.
“Saying that my heart is shattered is an understatement but what keeps me moving forward is the anger that I have towards this corrupt system,’’ Shundra Powe Davis, Aydah’s grandmother, said in a Facebook post shortly after Aydah’s death.
“I will fight this system to the end.”
Aydah DiMaso was killed Monday, Oct. 4, 2021. Her father is charged with capital murder. (GoFundMe)
“She knows I won’t rest until I know that her death was not in vain,’’ Davis said.
“I want everyone to know how hard we fought to keep her safe, how the system failed us on every level and how so many other families all over the country are going through the same hurt dealing with this horrible system.”
The lawsuit details multiple instances where the defendants had prior knowledge of Aydah’s dangerous living situation.
Allegations of physical abuse, neglect, drug use, and unsafe living conditions were repeatedly reported, but no action was taken to remove Aydah from harm’s way, the lawsuit states.
According to the lawsuit, Aydah’s filthy living conditions included animal feces and urine throughout the home, reports of DiMaso’s drug use, particularly a heroin addiction, and observations of Ayda exhibiting sudden behavior changes.
When police performed the welfare check that Monday, Aydah was found unresponsive in the bathtub.
“Preliminary observations indicated she had been deceased for an extended period of time,’’ the lawsuit states. “Subsequent examinations revealed both recent and old bruises on her body.”
“It was discovered Metz had advised DiMaso to place Aydah in the bathtub, believing it would keep her body temperature warm,’’ the lawsuit states.
“DiMaso confessed to physically abusing Aydah, including forcefully slamming her to the ground and kicking her in the stomach,’’ the suit contends.
The lawsuit alleges Aydah had a previously broken left arm that was in the process of healing, multiple healing rib fractures, scratch marks from head to toe on her torso, back and legs, and deep cut on the bottom of her entire foot.
She had not been taken to the doctor since her father had gotten custody of her.
DiMaso and Metz are still awaiting trial.
“While these individuals must answer for their heinous actions, DHR’s repeated failures are equally at fault,’’ James said. “We must hold every individual and entity responsible for this tragedy accountable.”
“This case is not just about Aydah; it is a wake-up call to every individual and institution tasked with protecting our children,” James said. “The system failed Aydah at every turn. We owe it to her and every child in the system to ensure this never happens again. No child should suffer the way Aydah did.”