Montrell Dionte Jolly allegedly killed Ke’Andre Shamar Jolly

Montrell Dionte Jolly, inset on the left, and Ke’Andre Shamar Jolly, inset on the right, against an image of the Riley Children’s Hospital where the boy died on Aug. 1, 2023 in Indianapolis, Ind. (Tippecanoe County; GoFundMe; Screengrab via WTHR)

An Indiana man killed his 4-year-old cousin because the child was putting his shoes on the wrong feet and used the restroom in a manner that the adult would not accept, authorities say.

Montrell Dionte Jolly, 33, stands accused of one count each of murder, neglect of a dependent resulting in catastrophic injury, aggravated battery, and battery resulting in death to a person less than 14 years old, according to charging documents obtained by Law&Crime.

He is also charged as a habitual offender – a sentencing enhancement – due to three prior felony convictions.

On July 28, law enforcement responded to a 911 call about a child who was having a potential seizure, according to an affidavit of probable cause in the case. Paramedics arrived first at the residence on North 13 Street and found Ke’andre Shamar Jolly, 4, unconscious.

The boy was found “soaking wet” on the floor of the residence, a paramedic told police. The inside of the house was filled with “a smoky haze” and the “odor of marijuana,” the affidavit says. There were “no visible signs of injury,” on the child, the paramedic observed, but he was “unresponsive” and “one pupil appeared constricted” while “one pupil appeared blown,” which is “indicative of a head injury.”

Investigators later noted the presence of blood on the bathroom counter and sink, damage to the bathroom door, and “multiple bloodstains” on walls in multiple bedrooms, the affidavit says.

Ke’andre Jolly was first taken to nearby St. Elizabeth East Hospital and then flown by helicopter to Riley Children’s Hospital in Indianapolis due to the severe nature of his injuries. Staff at the initial hospital notified the Lafayette Police Department the child “suffered non-accidental trauma,” the affidavit says. Ke’andre Jolly never regained consciousness from the time EMS personnel began their life-saving efforts. On Aug. 1, the boy died from blunt force injuries to his head.

During an interview with police, Montrell Jolly said he was “disciplining” the child by making him “do wall sits because Ke’andre had put his shoes on the incorrect feet,” according to the affidavit.

“Montrell described the wall sits as having Ke’andre sit with Ke’andre’s back against the wall in a squat position for a period of time while extending Ke’andre’s arms out in front of him,” the document reads. “Montrell advised Ke’andre does wall sits daily. Montrell expressed frustration with Ke’andre’s dependence on his mother. Montrell advised Ke’andre was crying during the wall sits and was not doing them correctly, so Montrell moved Ke’andre to Montrell’s bedroom to do the wall-sits there so Montrell could supervise the wall sits better.”

At one point, the defendant allegedly told police, he allowed the child to use the restroom. And that just made the man madder.

“Montrell got upset again because Ke’andre was going to sit on the toilet to urinate instead of standing ‘like a regular boy,'” the affidavit of probable cause continues. “Montrell made Ke’andre stand to use the restroom and then return to the wall to do wall sits. Montrell described Ke’andre as continuing to cry and yell that he would put his shoes on the right feet.

“Montrell said he let Ke’andre attempt to put his shoes on correctly, but he could not, so Montrell made Ke’andre do wall sits again. Montrell advised Ke’andre continued to whine but then suddenly stopped making any noise, so Montrell looked at Ke’andre and observed he was on the ground near the corner of the door frame with blood coming out of his mouth.”

After that, the defendant allegedly said, he tried to wake the boy up but couldn’t, so he put him in the bathtub and sprayed him with cold water, to no avail. Roughly 20 or so minutes later, police allege, an adult in the house – either the defendant or the boy’s mother – finally called 911.

Throughout the wall-sit punishment and the child’s loss of unconsciousness on the day in question, his mother, Jasontinae Jolly, was in and out of the house buying groceries and then unloading them from the car and putting them away, she told police. And, she said, she was aware of the discipline being meted out to her son – and that it was happening because he had incorrectly put his shoes on.

Jolly appeared for an initial hearing in the case on Monday, according to the Journal & Courier. During that hearing, Tippecanoe County Magistrate Sarah Wyatt read through the charges as the defendant stood with his arms crossed, the paper reported. Jolly faces a possible sentence of 45 to 65 years in prison if convicted as charged for the crimes alone – the sentencing enhancement could add an additional eight to 20 years to any potential prison term.

After reportedly being appointed a public defender and apprised of his trial rights, Jolly requested a bench trial. The magistrate then advised the defendant that any such request would need to come in writing from his attorney, according to the Journal & Courier. The defendant reportedly chimed in again to say he meant to request a speedy trial; again the judge told him to consult with his lawyer.

Prosecutors reportedly cited from the probable cause affidavit filed in the case during the initial hearing.

While taking note that Montrell Jolly allegedly admitted to using the “wall sits” punishment, the state noted his police interviews could not account for myriad injuries doctors determined Ke’andre Jolly had suffered from before dying – including: “patterned bruising on his scalp; subdural and subarachnoid hemorrhage; severe, diffuse hypoxic injury affecting the majority of his brain; torn upper lip frenulum with bruising of the surrounding mucosa; bruising on arms; suspected laceration/contusion of the mid portion of the pancreas; possible bowel contusion of the ascending colon; several possible rib fractures’ and patterned bruising to the back and diffuse bruising over the right buttock.”

Montrell Jolly is being detained in the Tippecanoe County Jail without bond. His trial date is currently slated for Dec. 12.

A GoFundMe started by the deceased child’s family raised $1,460 out of a goal of $7,000.

“Ke’Andre didn’t deserve to go through the hurt, pain and injuries he suffered and died from,” the boy’s aunt wrote. “My Ke will get JUSTICE!! It’s very sad and unfortunate that he didn’t have Life Insurance so I’d like to at least make sure he has the proper burial! Many people are reaching out asking if we need anything… I just ask that you’ll continue to pray for our family while we grieve over the handsome angel God has gained, and if at all possible donate what you can to help with his funeral expenses. We are grateful for whatever is received.”

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