Dad charged with violating mom's order of protection, being investigated for fracturing skull of 10-week-old daughter (Rome, New York)

It's very common--routine really--for men who batter their partners to start battering the baby. Dad is identified as NICHOLAS LUSBY.

http://www.cnycentral.com/news/story.aspx?id=1110738#.VEHbvdEtAZ4

Father of 10 week old Rome baby gives statement to police

by Sarahbeth Ackerman
Posted: 10.16.2014 at 6:52 PM

ROME -- We're learning new information about the 10 week old Rome baby seriously hurt.

According to an online fundraiser, little Lilyana Marie White is the victim of shaken baby syndrome. Right now, she's hospitalized for a fractured skull and bleeding on the brain.

Police continue to investigate. At this point, no one has been charged with hurting her. But, police did arrest the child's father, 22-year-old Nicholas Lusby for violating an order of protection against Lilyana's mother, among other unrelated charges. They say something about his story about what happened to the baby, just doesn't add up.

CNY Central obtained the court papers, which included Lusby's statement to police. Lusby told police he was walking in his living room trying to avoid stepping on his cat when he accidentally stepped onto the baby's rocking sleeper, which then caused their 10 week old baby to rock forward and hit her head. According to Lusby, Lily was not strapped into the sleeper. But, he can't recall which side of her head she hit.

"In New York state, the medical field are mandated reporters, they pick up the phone, they call the hotline and report it. And, the case is now being investigated by the Rome Police Department in conjunction with the Child Advocacy Center and Child Protective Services," says Chief Deputy, Dean Obernesser of Oneida County Sheriff's Department.

Meanwhile, the police arrested Lusby on unrelated charges, saying he violated an order of protection to stay away from the child's mother, Caitlin White.

Based on the information in the court papers, White told police that there has been an order of protection against Lusby since July of 2013 because of other unrelated incidents.

Court papers on file show White telling police, "He shoved me before and also caused me to have a nose bleed. I have never seen him do anything mean to the children."

"It's difficult in these cases because your faced with an infant child who can't talk, so they can't tell you what happened. So, you have to try and determine what happened without their assistance. You don't have witnesses. You only have the statement the caregiver gave you. So, they're difficult cases to investigate," says Obernesser.

Right now, police are still investigating the case. They have not charged Lusby with injuring the baby girl, just with violation the order of protection.