OCTOPUS LODGED IN 2 YEAR OLD TODDLER'S THROAT IN SUSPECTED CHILD ABUSE CASE - But police don't have a leg to stand on in this case....even though the evidence has eight legs

WICHITA, KS --

A 2-year-old boy hospitalized after a small octopus became wedged in this throat showed signs of improvement Thursday as the investigation pressed on, Wichita police said.

The boy, who was brought in to the hospital on Tuesday night, has been upgraded to good condition, is in "a very delicate situation" and shows no immediate symptoms of long-term injury caused by oxygen deprivation to the brain, police Lt. James Espinoza told the Wichita Eagle 

The toddler's mother told police she returned from work to find her boyfriend giving the child CPR. The boy was not breathing.

According to ABC affiliate, KAKE, EMS rushed the toddler to a hospital where doctors found and removed the dead octopus - its head about 2 inches in diameter - from the toddler's throat.

Police said the octopus was not a family pet and likely was to be used for sushi.

The hospital notified police after the 36-year-old boyfriend's account about how the boy swallowed the octopus and sustained minor injuries to his face were inconsistent with the evidence, Espinoza said.

Police did not release the name of the boyfriend, but according to KAKE, jail records show 36-year-old Matthew Gallagher was booked into the Sedgwick County Jail on suspicion of child abuse. He has since been released, but jail officials provided no additional details.

Investigators said he was home alone with the boy while the child's mother was working.