LAS VEGAS (KLAS) — The Las Vegas man accused of killing a 4-year-old boy and concealing the child’s body in a freezer claims the boy’s mother was aware of her son’s death and colluded in the coverup, according to court documents.
Brandon Toseland, 35, is charged with killing Mason Dominguez. Dominguez’s body was discovered inside Toseland’s northeast valley garage concealed in a trash bag in a freezer.
Police arrested Toseland on Feb. 22 after Mason’s mother was able to sneak messages into her 7-year-old daughter’s shoe. A grand jury indicted Toseland earlier this month on 10 charges, including murder, child abuse, kidnapping and domestic violence.
Mason’s 28-year-old mother said she and her two children moved into Toseland’s home in March 2021. The home is located on Saddle Brook Park Drive, near the intersection of Carey Avenue and Lamb Boulevard.
As the criminal case moves forward, Mason’s mother has filed a civil lawsuit to freeze Toseland’s assets. 8 News Now is not naming Mason’s mother as she, police, and prosecutors have said she is the victim of domestic violence.
Mason’s mother told Metro police she had not seen Mason since Dec. 11 and feared he might be dead. In grand jury transcripts released late last week, the boy’s mother said Toseland would not let her leave the home they shared alone after he told her Mason was deceased.
When police arrested Toseland in February after a traffic stop, officers noticed a set of handcuffs where Mason’s mother was sitting in the passenger seat. Toseland was also in possession of her phone, documents said.
Detectives also located a large hole in the backyard, which they described as a potential grave.
In a new court filing, Toseland responded to the claim, saying Mason’s mother had access to his phone following Mason’s death. Toseland also alleges the couple “had handcuffs they sometimes used while engaged in sexual activities.”
Toseland alleges the family was living a normal life until Mason’s death in December. Toseland’s two children from a previous relationship also lived in the home, but were not there all the time due to their mother having shared custody, documents said.
According to Mason’s mother, Toseland told her that Mason was dead on Dec. 17. Toseland told Mason’s mother he had woken up in the middle of the night to Mason not breathing.
Prosecutors said the boy’s body showed signs of repeated abuse. An autopsy showed injuries to his small intestine, a cut to his left eye, bruises to his face, and abrasions on his arms, stomach and head, prosecutors said.
Toseland alleges Mason’s mother knew of her son’s death as early as Dec. 10, court documents said.
“Both [Mason’s mother] and Toseland were aware at that time that he died on that date,” the filing said. “[Mason’s mother] did not need to ask Toseland where Mason was, what his condition was: [Mason’s mother] and Toseland made the joint determination at that time that they would preserve Mason until, inter alia, they could accumulate the funds to bury him.”
According to the filing, Mason’s mother’s other child and Toseland’s two children were told Mason was at a grandparent’s house.
Mason’s mother told police and the grand jury that she was frequently handcuffed or locked in a room after learning her son was deceased. Toseland never revealed to Mason’s mother that the boy’s body was in a freezer in the garage, she said told the grand jury.
“[Mason’s mother] concurred and colluded in the couple’s joint decision to place her then-deceased son, Mason, in the freezer in the garage in the home,” the filing said.
Toseland’s filing also alleges Mason’s mother told another family member about Mason’s death as early as Dec. 10 in an effort to lie to the other children about her son’s whereabouts.
The filing also includes a statement from Toseland’s sister, who said she asked Mason’s mother what her children would like for Christmas. According to the filing, Mason’s mother responded that her son was living with a grandparent.
Grand jury transcripts revealed Mason’s mother removed her son from his pre-kindergarten program in September 2021.
Police were alerted to the home after being contacted by Clark County School District Police when Mason’s 7-year-old sister brought a note to her teacher that her mother was being held against her will and did not know what happened to her younger child.
On Feb. 20 and Feb. 21, Toseland allowed the mother and daughter to sleep together. The mother then told her daughter she was going to give her “important notes” to give to her teacher. On Feb. 22, the mother hid the notes in her daughter’s sock, prompting the teacher to call police.
Mason’s mother does not face any charges and police have said their investigation showed no wrongdoing.
“Toseland’s counterclaim demonstrates his ongoing campaign of abuse against my client,” her attorney, Lisa Rasmussen, said in a statement. “We can have confidence in law enforcement and prosecutors that they have accurately evaluated all of the evidence and that they have sought criminal charges against the person they believe, as do we, is responsible for Mason’s death. The person charged and indicted is Toseland, and only Toseland.”
Prosecutors said they are considering the death penalty. Toseland has pleaded not guilty.
If you or someone you know is living with domestic violence, you can reach out for help by contacting SafeNest. You can call or text 24/7 to a confidential hotline phone number (702) 646-4981.