LAS VEGAS (KLAS) — Attorneys for a Las Vegas man accused of killing his girlfriend’s 4-year-old son and concealing the boy’s body in a freezer believe there may be months’ worth of surveillance video from inside the home the family shared.
Brandon Toseland, 37, was charged with murder in the death of Mason Dominguez. Police arrested Toseland on Feb. 22, 2022, after Mason’s mother was able to sneak messages into her 7-year-old daughter’s shoe. Toseland is charged with 12 felonies, including murder, child abuse, kidnapping, and battery domestic violence.
Mason had allegedly undergone months of reported abuse at the hands of Toseland and was taken out of school to avoid teachers seeing his injuries, documents obtained by the 8 News Now Investigators last year said. Mason was last seen alive on Dec. 11, 2021. He lived with his mother, sister and Toseland at a northeast valley home.
In court Tuesday, Toseland’s attorneys said the home had five security cameras recording inside. They asked Clark County District Court Judge Carli Kierny to force prosecutors to hand over all video surveillance in their client’s case, but prosecutors said Cox, which administered the system, said there was no footage.
“I just find it hard to believe that a working surveillance system that had been paid for and that was operational all throughout this entire time has nothing to show,” Toseland’s attorney, Gary Modafferi, said.
Toseland’s attorneys said they hoped a defense expert could look into the system’s server, which prosecutors indicated was in Metro police’s possession. Prosecutors said the server needed a PIN, which they said Toseland would need to provide.
Toseland’s attorneys also asked Kierny to require prosecutors to provide them with any footage recorded from inside a Metro transport vehicle during Toseland’s arrest. It remained unclear Tuesday if the footage even existed.
“We weren’t sure whether or not they existed,” Modafferi said. “We got some Metro guidelines about the existence of cameras inside of transport vehicles, but it’s the state’s position that there were no cameras inside any of the vehicles.”
“There was a camera pointed straight at me,” Toseland said in court.
“There’s no footage that is available from the transport,” prosecutor Michelle Fleck responded. “I’ll double-check, but that’s what I’ve already been told by Metro.”
Toseland, who often speaks out of turn in court, spoke up again Tuesday because the hearing ended.
“So, how this process goes Mr. Toseland is they make a request, the state responds with what they have, and then your attorneys litigate it further,” Kierny said when Toseland asked to speak. “You don’t just talk about in court about what you believe exists. Thank you.”
“Understood, so — if my attorneys don’t bring up the specific issue?” Toseland replied.
“You can talk to them,” Kierny said.
“OK, Roger that,” Toseland said.
Mason’s 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 in the northeast valley. 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.
Mason’s mother told police and a 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.
Dominguez’s body was discovered inside Toseland’s northeast valley garage concealed in a trash bag in the freezer. Detectives believe Mason had been there for at least 10 weeks and that a large hole in the backyard may be a potential grave, the 8 News Now Investigators first reported last year.
Detectives also located a large hole in the backyard, which they described as a potential grave.
Prosecutors said they are considering the death penalty should Toseland be convicted. Toseland has pleaded not guilty to all charges.
Police were alerted to the home after being contacted by Clark County School District Police when the 7-year-old girl 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.
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.