An infant dies from an apparent drowning inside his Ladson home, now his father is accused of neglect.

ABC News 4 has exclusive video of 29-year-old Sparky Toothman when he was taken into custody by the Charleston County Sheriff's Office.

Even though investigators aren't calling the death intentional, the father has been charged.

It was late August 2nd, Sparky Toothman told investigators he'd given his children baths, then left them in the living room to sleep, while he worked in the garage.

The kids unsupervised, not unusual according to one neighbor, she says they used to wander into her yard.

"When they did that, my husband used to take them back to the house," said Renee Brown.

Toothman said 45 minutes passed before he went back inside. Telling detectives he saw his 3-year-old asleep, but heard the shower running. What he found in the bathroom, his 22-month-old sitting in the tub, his 9-month-old David floating, face down.

"So the question becomes, how did a nine-month-old get in that bathtub and how did it remain in that tub to the point that it's an apparent drowning," said Charleston County Coroner Rae Wooten.

Toothman called 911 and tried to resuscitate the 9-month-old. The baby died three days later.

Investigators call the incident irresponsible, not malicious.

"It is the fact that he thought they were asleep and he didn't check on them and so that's where it gets into a grey area of what was going on and what was he doing during that time," said Det. Rita Avila of the Charleston County Sheriff's Office.

The baby showed no signs of abuse or being held under water and Toothman also has no prior record. His other two children are now in protective custody.

Toothman's wife was at work at the time of the incident. He will go before a bond judge around 8 o'clock Tuesday evening.

Father's Uncle Speaks Out

Jerry Toothman describes his nephew, Sparky, as a man struggling to help his family get by now in the worse situation any father can imagine.

A man taken into custody, charged in the death of his child. Police say the actions of Sparky Toothman were irresponsible, but not malicious. But his uncle, Jerry Toothman says the public is getting the wrong idea.

"This whole thing is being put out that he is an evil man who doesn't take care of his kids, it's the opposite, and he loved his kids to death," said Jerry Toothman.

Jerry calls the whole situation a tragic accident that has left a family suffering.

"He's a good man who works hard, trying to provide for his family and I can't put myself in his shoes, it's got to be tough," said Jerry Toothman.

Jerry Toothman, a father himself, says he would have no problem leaving his own children in Sparky's care. Tonight, he is left to wonder what the law could take from his nephew.

"A loving father who lost a child on his watch, how much more could you do to him, how much more can you punish this man that he isn’t going to punish himself for the rest of his life," said Jerry Toothman.

Sparky Toothman is out on bond, Jerry says he has not been allowed to see his other children since his release.