Dad charged in death of 4-month-old son headed for trial (Grygla, Minnesota)

Dad DAMIEN MARSDEN is charged with 2nd-degree murder in the death of his 4-month-old son, who died from a fractured skull and other head injuries--apparently received during an assault.

http://www.grandforksherald.com/event/article/id/176816/group/homepage/

Published September 24 2010
Grygla dad charged in baby’s death headed for trial
The trial of a Grygla, Minn., father charged in the death of his 4-month-old son is scheduled to start in March or April.
By: Archie Ingersoll, Grand Forks Herald

The trial of a Grygla, Minn., father charged in the death of his 4-month-old son is scheduled to start in March or April.

Damien Marsden’s attorney, Peter Wold, said he expects the case to go to trial unless the charges are dismissed.

Wold of Minneapolis was one of the lawyers who represented Travis Stay in 2008 during his murder trial in Grand Forks. A jury found Stay not guilty in the beating death of another man.

Marsden, 32, appeared in court Friday in Crookston, and a judge heard arguments from the defense and prosecution on whether Marsden should have been given Miranda warnings before he spoke with authorities while at the hospital in Thief River Falls. The judge took the matter under advisement.

According to a criminal complaint, an autopsy showed that Marsden’s son, Rylin, was assaulted, suffered a fractured skull and died of head injuries. The complaint says Rylin was injured Aug. 2, 2009, at Marsden’s home in Grygla; the baby was taken off life support and died Aug. 8, 2009.

Marsden and the boy’s mother told investigators Rylin could have received his injuries when he tipped over from a sitting position the morning of the day he was taken to the hospital or when he fell out of bed the evening before.

A doctor who specializes in child-abuse cases said Rylin’s injuries suggest that “severe rotational or shaking force was applied to his head,” the complaint says.

Marsden, who is not in custody, is charged with second-degree murder, second-degree murder while committing child neglect and second-degree murder while committing child endangerment. Each count carries a maximum penalty of 40 years in prison.

Being charged with second-degree murder means Marsden is accused of wrongfully causing the death of his son without intending to kill him.