A Virginia father and his mother are facing multiple charges, including felony child abuse, neglect, and homicide, after a tragic tractor accident on April 23, 2026, led to the death of Austin Tester’s 3-year-old son. The child was pinned under an overturned tractor after a series of questionable decisions by his father and grandmother, which delayed life-saving efforts.
The Tragic Incident
On the morning of April 23, 2026, officers from the Bristol Police Department, along with the Bristol Fire Department and Bristol Life Saving Crew, were called to an accident involving a child and a tractor. When first responders arrived around 11:45 a.m., they found the 3-year-old boy trapped under the overturned John Deere tractor.
Emergency personnel worked together to lift the tractor, allowing EMTs to access the child and begin life-saving measures. Despite their efforts, the boy was later pronounced dead at the hospital due to his injuries.
The investigation revealed that Austin Tester, the boy’s father, was operating the tractor with his son seated on his lap at the time of the accident. It is unclear what led to the tractor overturning, but the child became pinned underneath.
Delayed Emergency Response
A significant issue in the case was the delay in calling 911. Authorities discovered that after the accident, Austin Tester contacted his mother, Kelly M. Tester, at 11:17 a.m. before calling emergency services. Despite her arrival at the scene within minutes, 911 was not called until 22 minutes later. It took 31 minutes in total for emergency services to arrive.
Kelly Tester, who had a custodial or guardian role over the child, failed to immediately call 911, which investigators believe significantly impacted the ability to provide timely life-saving measures. The Office of the Medical Examiner later determined that the boy’s cause of death was asphyxiation.
Criminal Charges
Following the investigation, Austin Tester, 21, was arrested and charged with felony child abuse, neglect, and felony homicide. Additionally, he had an outstanding probation violation from a previous drug-related offense.
His mother, Kelly M. Tester, 41, was arrested and charged with obstruction of justice and, later, felony child abuse and neglect and felony homicide charges. The pair was taken to Southwest Virginia Regional Jail, where Kelly Tester is being held without bond.
The investigation into the tragic incident is ongoing, with authorities expressing deep concern over the delay in calling emergency services.
Family’s Actions and Law Enforcement Response
The delay in contacting emergency services has been a critical point of concern in the investigation. Chief D. Byron Ashbrook of the Bristol Police Department commented, “This is a heartbreaking and tragic incident. Our thoughts are with the family during this incredibly difficult time. This investigation revealed a significant delay in contacting emergency services, which is deeply concerning.”
Ashbrook also acknowledged the efforts of the first responders, stating, “We want to thank the Bristol Virginia Fire Department and the Bristol Life Saving Crew for their quick response and efforts on scene.”
