Nearly two years after 21-month-old Tanner Jurisch died of brain injuries, Matthew Potter has admitted to causing his death.

Potter, 21, pleaded guilty Friday in 7th Circuit Court to first-degree manslaughter. He was scheduled to go to trial next week on charges of manslaughter and second-degree murder.

Potter was dating the boy's mother, Ashly Egbert, in January 2007. On the night of Jan. 17, he was babysitting Tanner, Tanner's twin brother Trent and an older brother, Izaak, while Egbert was at work.

On Friday, Potter quietly told Circuit Judge Merton Tice that he became "overwhelmed" while caring for the children. He said he was holding Tanner when he went to discipline the other boys.

"I tossed Tanner towards his crib," Potter said, but missed. Potter said the child hit the crib and then the floor.

Police were called to the home just before 7 p.m. after reports that Tanner was not breathing. They found him unconscious but with no visible injuries. The toddler was taken to the hospital and underwent brain surgery but died the next morning.

An autopsy later revealed that Tanner had died of brain injuries caused by blunt-force trauma.

Egbert was not charged. She attended the plea hearing but did not comment.

Foster parents David and Paula Culver of Spearfish were glad to be in court Friday.

"It was healing for me to hear Matt finally say, 'I'm guilty,'" Paula Culver said, wiping away tears.

The Culvers cared for Tanner and Trent from the time they were five weeks old until just four months before Tanner's death. And although they knew the goal was to eventually reunite the boys with their mother, they had grave concerns about whether it was time for that to happen.

They say that is when they ran into trouble. Worried about Potter's past and possible drug use in the home, the Culvers say they repeatedly expressed their concerns to their social worker at the Department of Social Services.

"I even brought up 'shaken baby,'" Paula said, referring to the brain injuries that can happen when a frustrated caregiver shakes a child.

The Culvers say their social worker and DSS supervisors dismissed their concerns - even "dug in their heels" - saying the couple was overreacting and too emotionally involved in the case.

DSS relinquished legal rights over the boys 30 days after they were returned to their mother's home, they said.

Three months later, Tanner was dead.

The Culvers had feared abuse or neglect. "We never dreamed there would be a death," Paula said.

DSS communications director Tarah Jahnig said in an e-mail that the tragic case makes everyone involved ask questions, including "how anyone could intentionally harm an innocent child."

She said the foster care program aims "to provide a safe and secure environment for children until they can return home. In this case, DSS and the courts agreed that the birth mother was capable of caring for her child. Unfortunately, the child died while left in the care of someone other than the birth mother."

David Culver said he had hoped "to see DSS take responsibility and say, 'Yes, we dropped the ball, and we'll change.'" That hasn't happened.

The Culvers are quick to say that their problems were with a few specific people at DSS, not with the entire agency. They are still foster parents and are in the process of adopting a 1-year-old girl through DSS.

But they don't want to ever see another death like Tanner's. They have contacted the governor and legislators, at first to express concern about the boys' situation and later to try to prevent future deaths.

Sen. Tim Johnson and Rep. Stephanie Herseth Sandlin have co-sponsored federal legislation that would educate people about shaken baby syndrome, Paula Culver said.

The Culvers also would like to see DSS maintain legal rights to children for one year after they are returned to their parents or other caregivers. That would allow social workers to monitor the children's well-being after they have been returned home.

"We refuse for (Tanner's) death to be in vain," Paula Culver said.

The Culvers have good memories of their time with the twins, whom they described as happy and very loving. Tanner was "the drama king," Paula said with a chuckle.

Trent won't have those memories. But the Culvers are keeping photos and documents they hope to someday give him.

"We want him to know they were loved," Paula said. "And for him to know that his brother's life truly counted for something."

Authorities removed Trent and Izaak from Egbert's home after Tanner's death. The Culvers said the boys have since been returned to their father.

Judge Tice granted the request of Pennington County Deputy State's Attorney Lara Roetzel that Potter be taken into custody pending sentencing Jan. 30. Under the plea agreement, prosecutors will recommend that he receive no more than 30 years in prison, but he could be sentenced to up to life in prison.

Had Potter been convicted of second-degree murder, he would have faced a mandatory life sentence.

Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com