Polasek Found Guilty of Murder in Death of Logan Atkins

A Fayette County jury found Billy Polasek guilty of murder for the July 4, 2016 death of seven-month-old Logan Atkins. They sentenced him to life in prison plus a $10,000 fine. He will be eligible for parole after serving at least 30 years, prosecutors said.

“For all the kids in the world, don’t use drugs,” Polasek told the Record as sheriff’s deputies escorted him out of the Courthouse after sentencing on Wednesday afternoon, Feb. 23.

Polasek’s history of drug use played a major part in the jury’s decision to hand down the maximum sentence. His team of defense lawyers, headed by La Grange attorney Candice Clay, argued throughout the trial that Atkins death was the result of an accident that occured while Polasek was bathing him in a water trough

Polasek, 39, appeared attentive and interacted with his attorneys throughout the proceedings, which began with jury selection two weeks ago. He didn’t show much reaction when the verdict was read.

During closing arguments on Monday, prosecutors Joshua Somers and Drew Roundtree pointed to the blood found on Polasek’s mattress and pillow case, with DNA analysis that connected the blood to Atkins. They argued that Polasek staged a scene at his trailer, making it look like he was giving Atkins a bath, instead of immediately seeking care after the fatal injury. They pointed to the timeline that established Polasek only got 6/10 of a mile down SH 159 from his travel trailer in Rutersville in the eight minutes after he called Logan’s mother, Nicole Lambert, about the injury. Lambert, however, was able to make it all the way to Rocky Creek Rd. from her mother’s house in La Grange during the same time.

Polasek did not testify during the trial. However, the jury heard an interview in which he told investigators that he checked for a pulse and attempted CPR in the minutes after he said Logan fell in the water trough.

When asked why he didn’t immediately call 911, Polasek told the detective: “I didn’t get a chance to. I was a nervous wreck. My main goal in my head was, ‘I’m trying to get this boy to the hospital.’”

“In an emergency, people don’t plot, they don’t plan,” said defense attorney Angelica Cogliano during closing arguments Monday.

Cogliano brought up Lambert’s private journals, which supposedly included entries that described Logan falling off a dresser in the days before his death. Those journals were never entered into evidence at trial. Cogliano disputed the State’s accusation that Polasek burned evidence in a trash fire at the property after Logan died, saying that Polasek lived in the country where burning trash is routine.

Polasek’s defense called Dr. Mark Shuman as an expert witness last week. Shuman reviewed Atkins’ autopsy, especially the microscopic slides of tissue samples taken from Atkins’ injuries. Shuman disagreed with the medical examiner who performed the autopsy about the time when some of the injuries happened before death. The State’s experts said the fatal injuries happened immediately or just possibly a few hours before death. Shuman testified that the fatal injuries may have occurred up to three days before the baby’s death, when Polasek was not around Atkins. Shuman said Atkins could have experienced a “period of lucidity” during which time he may have appeared uninjured.

“A lot of people in Logan’s life made decisions that we wouldn’t have made, some irresponsible decisions” said Cogliano in her closing remarks Monday. “But everyone loved that baby. Knowing that, I submit it was an accident.”

That theory wasn’t enough to buy an acquittal, though.

The prosecution maintained throughout the trial that Polasek caused the blunt force trauma that killed Atkins, but they never offered an explanation of what happened. No murder weapon was ever entered into evidence.

During the final part of his closing argument, Rountree played to the jury an interview of Polasek recorded by investigators on July 5, 2016, the day after Logan’s death. In it, the detective asks Polasek how he thinks Logan died. Earlier in the trial, the jury learned that State Trooper Robert Gulash pulled over Polasek while he was speeding to the hospital with Logan. During the frantic stop, Polasek told Gulash that the child either hit his head in the trough or drowned. Rountree asked the jury to listen to the way Polasek explained it to the detective the next day.

“It happened so fast,” Polasek told the detective. “I didn’t think drowning, I thought head trauma.”

Rountree pointed out that Polasek made that remark before anyone saw the autopsy report.

“When you return with a guilty verdict, you’re not telling Billy Polasek anything that he doesn’t already know,” Rountree said.

The jury deliberated for about seven hours between Monday afternoon and Tuesday morning before delivering the verdict.

Polasek dodged the more serious charge of capital murder. He would not have faced the death penalty, however. Prosecutors previously announced they would not seek the death penalty.

The only other charge the jury was allowed to consider was murder, which carries punishment of five to 99 years or life in prison and a fine up to $10,000.

The punishment phase of the trial began Tuesday afternoon. The State called Nicole Lambert back to the witness stand. For the first time the jury heard the other reason Lambert went to Polasek’s residence in Rutersville with her son the day before Atkins died – to use drugs. Lambert said she started using methamphetamine shortly after Logan was born in December 2015.

“I used drugs with Billy at his house almost every time we hung out,” she testified.

Lambert said Polasek did not have any drugs that night. Under cross examination, the defense asked Lambert whether she left Logan with Polasek so she could find drugs elsewhere. She denied that accusation.

Rountree asked Lambert how Logan’s death affected her. Lambert said many of her family members cut off contact with her. She said she sunk deeper into drug addiction and went to prison twice.

“No one tried to help me,” Lambert testified. “I felt they were trying to put me in jail all the time.”

Lambert said the last time she went to prison made a big difference in her life.

“It allowed me to grieve while I was sober,” she testified.

Lambert said she underwent drug rehabilitation for a second time and has remained sober since.

The State next called Texas Ranger Brent Barina, who testified about finding drug paraphernalia at Polasek’s residence during the investigation. During questioning by the defense, however, Barina testified he did not find any actual drugs in the residence.

Fayette County Jail Administrator Edward Sawyer testified for the State about Polasek’s time in the Fayette County Jail. Sawyer testified about the incident in 2019 when Polasek tried jumping out of a second-floor window during a hearing at the courthouse. Sawyer testified that before the hearing, Polasek spoke with his girlfriend on a jail phone call. The jury listened to the recorded phone call in which Polasek instructed his girlfriend to park her car in a particular spot and to leave the keys in it.

Prosecutors had offered Polasek a deal that day for a 10 year prison sentence in exchange for pleading guilty to felony injury to a child. If he didn’t accept the deal, prosecutors told Polasek he would face capital murder. Sawyer testified that Polasek claimed that he was innocent before attempting to jump through the window. Under cross examination, Sawyer told the defense that he believed Polasek would have killed himself if he made it through the window. The window in question is located directly above the wheelchair ramp leading to the courthouse basement. That incident was the reason Fayette County District Attorney Peggy Supak recused her office from the case – she and her staff were witnesses to it.

The most damning evidence of Polasek’s behavior around children involved an incident that took place September 5, 2021, during one of the times when Polasek was out of jail on bond. Polasek visited Bastrop State Park that day with his seven-year-old daughter. State Park Police Officer Eric Teel testified for the State about the incident.

Teel said he initially received a call reporting a possible medical issue that became a disturbance. Teel arrived to a location near the park pool and found Polasek with his daughter. Teel said the two were arguing because Polasek wanted to leave but the girl wanted to stay and swim. Teel said Polasek was yelling, and interacting with his daughter in an aggressive manner.

Prosecutor Joshua Somers played Teel’s body camera footage for the jury. The video shows Polasek running from Teel as the officer approached. Teel tells Polasek, “Take a breath and calm down.” Teel chased Polasek for several minutes through the park with other visitors and families present. Polasek could be heard screaming and making incomprehensible sounds. Teel finally got Polasek to the ground. Other officers arrived to assist. They struggled on the ground with Polasek, employing multiple handcuffs to get him restrained. Polasek curses at the officers and says, “You like that, don’t you?”

Teel initially arrested him for disturbing the peace. Teel said officers later searched the daughter’s backpack and found a bag of synthetic marijuana. The daughter said Polasek told her to keep it in her backpack.

Somers asked Teel if the daughter was upset.

“Her affect was like she had seen this before,” Teel said.

The defense called several witnesses during the punishment phase, including Polasek’s mother, Carol Polasek. Carol testified that Billy was molested around age 10 or 11 by a local man whom she said only served two years in prison. She said the man later went on to molest other children and eventually received a life sentence for sex offenses in Montgomery County. She said the experience greatly affected Billy. Carol further testified that Billy told her he wanted to kill himself shortly before the incident at the courthouse when he tried to jump out of a window.

The jury also heard testimony from Billy’s oldest daughter, who is now a senior in a high school. She testified that Polasek is a loving father. She said Polasek has never hit her or any other children.

The jury spent much less time deliberating on the punishment – only about an hour.

After the trial concluded Wednesday, Lambert told the Record she was happy about the verdict and the sentence.

“I think it went the way it should have,” said Lambert, who now lives in Canyon Lake with her mother.

When asked what the last six years have been like for her, Lambert responded: “I’ll never come back to La Grange again, that’s for sure, just because of what people assumed, what they believed from a liar. No one bothered to ask me.

“It has changed my life, for the good,” she added.

Lambert said she wants to obtain a grief counseling license to help others.

“I plan to do something in memory of Logan,” she said. “I want to start a foster program to help children who don’t have any guidance. It’s going to be called ‘Logan’s House.’”