See our previous posts on this case. Custodial dad NELSON OSCEOLA isn't just a clueless daddy with an affinity for strong drink. Here are some previous descriptions:
Nelson Osceola had been the subject of two reports of physical abuse, and had a lengthy criminal history; the boy’s stepmom had undergone two neglect investigations.
Nelson Osceola’s rap sheet contained nine arrests, including charges of weapons possession on a school property, marijuana possession, aggravated assault with a weapon, burglary, fleeing police and battery. A court pleading cites “numerous” other reports from the Seminole police. The most recent case, the battery, remained pending during much of the time Nelson Osceola had custody of his son.
Less than two months after he was awarded custody of Ahziya, Nelson Osceola came back on DCF’s radar. Ahziya had been living with his father since the end of February 2014. On April 21 of that year, DCF’s hotline was told that the boy had “multiple bruises on his body,” along with fingertip-shaped bruises on his face. The Child Protection Team, which evaluates children for evidence of abuse, decided most of the bruises were inconclusive.
Despite all this, notice that this POS is still hopeful that he will regain custody of his other child (the one he and the step didn't manage to kill) and will "probably go free" from this latest DUI charge too.
Sick of the coddling abuser daddies get yet? Osceola is on the Killer Dads and Custody list for the State of Florida.
http://miami.cbslocal.com/2015/06/18/father-charged-with-neglect-in-sons-death-faces-new-charge/
Father Charged With Neglect In Son’s Death Faces New Charge
June 18, 2015 12:49 PM
Joan Murray
CBS4 Reporter
HOLLYWOOD (CBSMiami) – The Hollywood father charged with neglect for the death of his 3-year-old son is now facing new trouble.
Nelson Osceola appeared in bond court Thursday for allegedly driving under the influence.
The 24-year-old, who was arrested in March on child neglect charges in connection with the death of his son, Ahziya Osceola, was free on bond but is back behind bars on drunk driving charges.
According to police, in March, Osceola’s son’s bruised body was found stuffed in trash bags, crammed in a box in the home he shared with his wife and other family members.
Osceola’s wife, the 3-year-old’s stepmother, Analiz Osceola Rodenzo is charged with aggravated manslaughter and remains in jail.
Osceola’s lawyer, Hilliard Moldoff, says he’s still dealing with the emotional turmoil over the death of his son.
“Mr. Osceola is the father of a child who’s deceased and has been struggling with the reality that his son is dead. So to say that he was intoxicated doesn’t surprise me in the least and he was on the reservation which unfortunately, maybe, he feels more secure in,” Moldoff said.
But Osceola will most likely go free. Bond is set for just above $20,000.
“He doesn’t need a bond he’s not going anywhere. He’s invested in getting permission to have custody of his other child. I’m sure he’ll be out and be sober and be fine in a week he’ll get the message but this was just probably a wakeup call for Nelson.”
Osceola could post bond as soon as Thursday and be released from jail.
Meanwhile, prosecutors have upgraded his previous charges to child neglect with bodily hard.
Osceola is expected to go to court on that charge in July.
Thursday, June 18, 2015
Dad beats 13-month-old baby to death (Belgrade, Serbia)
Dad is identified as only K.K.
http://www.b92.net/eng/news/crimes.php?yyyy=2015&mm=06&dd=18&nav_id=94473
Father beats 13-month-old baby to death
A 13-month-old baby that was admitted to the Emergency Center in Belgrade on Wednesday with severe injuries has died.
Source: B92| Thursday, June 18, 2015 | 09:12
This was the outcome despite the doctors' attempts that lasted several hours to save it, state broadcaster RTS has said.
The baby had injuries to internal organs and severe head trauma and underwent urgent surgery.
The father, 25-year-old K.K. from the Belgrade municipality of Zemun, was arrested yesterday on charges of family violence and is now being held for 48 hours.
The Belgrade-based daily Blic is reporting that the man, who battered the child, said he "did not know what he was doing" because he was taking antidepressants and alcohol.
http://www.b92.net/eng/news/crimes.php?yyyy=2015&mm=06&dd=18&nav_id=94473
Father beats 13-month-old baby to death
A 13-month-old baby that was admitted to the Emergency Center in Belgrade on Wednesday with severe injuries has died.
Source: B92| Thursday, June 18, 2015 | 09:12
This was the outcome despite the doctors' attempts that lasted several hours to save it, state broadcaster RTS has said.
The baby had injuries to internal organs and severe head trauma and underwent urgent surgery.
The father, 25-year-old K.K. from the Belgrade municipality of Zemun, was arrested yesterday on charges of family violence and is now being held for 48 hours.
The Belgrade-based daily Blic is reporting that the man, who battered the child, said he "did not know what he was doing" because he was taking antidepressants and alcohol.
Custodial dad charged in death of 10-year-old son had previous record of abusing children (Hennepin County, Minnesota)
CPS just loves abuser daddies. Even though they (somewhat reluctantly) helped his current wife protect her kids, they left his son, the one he had from a previous marriage, in Daddy's care.
Dad is identified as BARWAY COLLINS.
http://www.startribune.com/barway-collins-father-had-been-accused-of-abusing-4-of-his-other-children-records-show/308033971/
Barway Collins' father had been accused of abusing his other children, records show
Records show that he had mistreated children from a previous marriage.
By Karen Zamora Star Tribune June 18, 2015 — 9:22am
Well before 10-year-old Barway Collins was reported missing, then found dead, Hennepin County child protection services had found his father responsible for mistreating four of his other children.
Yet Barway remained in Pierre Collins’ care.
Two years ago, the father of six children had been ordered to stay away from four of them after they claimed he’d touched them in a sexual way and beat them, Hennepin County child protection reports show.
The documents offer little to no information about Barway, who was living with his father during and after the abuse.
Hennepin County now is in the process of terminating Collins’ parental rights to his youngest child, a 1-year-old boy he had with Yamah Collins, his current wife. Barway was living with Pierre, Yamah, the 1-year-old and another child Yamah had before meeting Pierre when he disappeared March 18 after being dropped off after school in front of their Crystal apartment. His body was found April 11 in the Mississippi River. Pierre Collins, 33, has been charged with killing Barway.
Rex Holzemer, assistant Hennepin County administrator of human services, said Wednesday that the county is legally obligated to file a petition to terminate parental rights “in any case where there’s egregious harm.”
“Bottom line is the reason we are filing [the petition] is because ultimately of the alleged murder of Barway,” Holzemer said. “So we got a requirement to go in and file that on the other kids, frankly, regardless of whether there had been abuse or not in the past.”
Collins’ ex-wife, Jennifer Beaver, told the Star Tribune in April that their “wonderful” relationship turned into a messy divorce after Collins physically or sexually abused her and their four children.
Collins had twins with Beaver and adopted her two oldest children. The six had been living together for some time before Barway, then 5, traveled from his native Liberia in 2011 to join his father, who had arrived around 2003.
In early 2013, one of Beaver’s children alleged that Collins had touched and kissed her in a sexual way, and another said Collins had beaten him, Hennepin County records show. A child protection investigation was opened.
Beaver applied for and was granted a restraining order, and Hennepin County found Collins responsible for “maltreatment” of the two children, records show. Beaver also reported the abuse to police. The county attorney’s office investigated, but found insufficient evidence for a criminal charge.
During that time, Beaver said Collins physically abused her and was rough with all the children, most of all with Barway, whom he spanked with a belt, she said. “He would literally whip him. … We fought so much about it. He told me to stay in my place, [that Barway] wasn’t my kid,” she said in April.
In August 2013, Hennepin County also investigated allegations that Collins had sexually abused a third child of Beaver’s, and he was ordered to “remain out of the home,” records show
The judge handling Collins’ case appointed a guardian ad litem charged with representing the best interests of the children, then, citing the guardian’s report, granted Beaver sole legal and physical custody of the four children. Beaver said she inquired about getting custody of Barway, but was told she had no legal rights to the boy, whose birth mother lived in Liberia.
The judge also ordered Collins to complete a “sexual boundaries education program” before seeking supervised parenting time and to pay $650 a month in child support for the four children.
By June 2013, the couple had filed for divorce. In November, the county closed its case with “services in place,” documents show.
“Our staff felt that the kids were safe, and we closed the case because Pierre was out of the picture,” Holzemer said. “Well, he comes back into the picture without us knowing, and that’s what makes it so difficult in these cases.
“If a family member agrees to protect their children and keep a perpetrator out of the picture and they have met their case plans, we close because children at that point seem to be safe. And you bring the perpetrator back in the picture and we don’t find out about it, significantly bad things can happen to kids during that period of time.
“As we all know, that domestic abuse cycle sometimes perpetuates itself, and unfortunately kids sometimes get caught in the middle of that. That’s a significant piece of the story here.”
In June 2014, Beaver returned “the abused children to [Collins] and left the state,” records say. Hennepin County referred the case to Chisago County, where Beaver had been living with the children, according to the case summary. Eventually the children went back to Beaver.
By that time, Collins was living with Yamah, Barway and the two younger children. He asked to modify his child support, and the court agreed to suspend the payments. When the case returned to Hennepin County court — early on the very day Barway went missing — the judge ordered Collins to find a job and to start paying more than $600 a month in child support.
The day Collins was arrested, a finding of maltreatment was made against him regarding his youngest child. Records say Collins “threatened physical and sexual abuse” of the 1-year-old son. The subsequent investigation found that Yamah’s two children, including the 1-year-old, “appeared to be healthy, clean and well-groomed,” and that there were “no safety concerns with the children” remaining with their mother.
In April, Collins declined to participate in an interview with child protection investigators but said, “I had nothing to do with [Barway’s disappearance]. I love my children. I would never hurt my children.”
His next court appearance is set for July 7.
Dad is identified as BARWAY COLLINS.
http://www.startribune.com/barway-collins-father-had-been-accused-of-abusing-4-of-his-other-children-records-show/308033971/
Barway Collins' father had been accused of abusing his other children, records show
Records show that he had mistreated children from a previous marriage.
By Karen Zamora Star Tribune June 18, 2015 — 9:22am
Well before 10-year-old Barway Collins was reported missing, then found dead, Hennepin County child protection services had found his father responsible for mistreating four of his other children.
Yet Barway remained in Pierre Collins’ care.
Two years ago, the father of six children had been ordered to stay away from four of them after they claimed he’d touched them in a sexual way and beat them, Hennepin County child protection reports show.
The documents offer little to no information about Barway, who was living with his father during and after the abuse.
Hennepin County now is in the process of terminating Collins’ parental rights to his youngest child, a 1-year-old boy he had with Yamah Collins, his current wife. Barway was living with Pierre, Yamah, the 1-year-old and another child Yamah had before meeting Pierre when he disappeared March 18 after being dropped off after school in front of their Crystal apartment. His body was found April 11 in the Mississippi River. Pierre Collins, 33, has been charged with killing Barway.
Rex Holzemer, assistant Hennepin County administrator of human services, said Wednesday that the county is legally obligated to file a petition to terminate parental rights “in any case where there’s egregious harm.”
“Bottom line is the reason we are filing [the petition] is because ultimately of the alleged murder of Barway,” Holzemer said. “So we got a requirement to go in and file that on the other kids, frankly, regardless of whether there had been abuse or not in the past.”
Collins’ ex-wife, Jennifer Beaver, told the Star Tribune in April that their “wonderful” relationship turned into a messy divorce after Collins physically or sexually abused her and their four children.
Collins had twins with Beaver and adopted her two oldest children. The six had been living together for some time before Barway, then 5, traveled from his native Liberia in 2011 to join his father, who had arrived around 2003.
In early 2013, one of Beaver’s children alleged that Collins had touched and kissed her in a sexual way, and another said Collins had beaten him, Hennepin County records show. A child protection investigation was opened.
Beaver applied for and was granted a restraining order, and Hennepin County found Collins responsible for “maltreatment” of the two children, records show. Beaver also reported the abuse to police. The county attorney’s office investigated, but found insufficient evidence for a criminal charge.
During that time, Beaver said Collins physically abused her and was rough with all the children, most of all with Barway, whom he spanked with a belt, she said. “He would literally whip him. … We fought so much about it. He told me to stay in my place, [that Barway] wasn’t my kid,” she said in April.
In August 2013, Hennepin County also investigated allegations that Collins had sexually abused a third child of Beaver’s, and he was ordered to “remain out of the home,” records show
The judge handling Collins’ case appointed a guardian ad litem charged with representing the best interests of the children, then, citing the guardian’s report, granted Beaver sole legal and physical custody of the four children. Beaver said she inquired about getting custody of Barway, but was told she had no legal rights to the boy, whose birth mother lived in Liberia.
The judge also ordered Collins to complete a “sexual boundaries education program” before seeking supervised parenting time and to pay $650 a month in child support for the four children.
By June 2013, the couple had filed for divorce. In November, the county closed its case with “services in place,” documents show.
“Our staff felt that the kids were safe, and we closed the case because Pierre was out of the picture,” Holzemer said. “Well, he comes back into the picture without us knowing, and that’s what makes it so difficult in these cases.
“If a family member agrees to protect their children and keep a perpetrator out of the picture and they have met their case plans, we close because children at that point seem to be safe. And you bring the perpetrator back in the picture and we don’t find out about it, significantly bad things can happen to kids during that period of time.
“As we all know, that domestic abuse cycle sometimes perpetuates itself, and unfortunately kids sometimes get caught in the middle of that. That’s a significant piece of the story here.”
In June 2014, Beaver returned “the abused children to [Collins] and left the state,” records say. Hennepin County referred the case to Chisago County, where Beaver had been living with the children, according to the case summary. Eventually the children went back to Beaver.
By that time, Collins was living with Yamah, Barway and the two younger children. He asked to modify his child support, and the court agreed to suspend the payments. When the case returned to Hennepin County court — early on the very day Barway went missing — the judge ordered Collins to find a job and to start paying more than $600 a month in child support.
The day Collins was arrested, a finding of maltreatment was made against him regarding his youngest child. Records say Collins “threatened physical and sexual abuse” of the 1-year-old son. The subsequent investigation found that Yamah’s two children, including the 1-year-old, “appeared to be healthy, clean and well-groomed,” and that there were “no safety concerns with the children” remaining with their mother.
In April, Collins declined to participate in an interview with child protection investigators but said, “I had nothing to do with [Barway’s disappearance]. I love my children. I would never hurt my children.”
His next court appearance is set for July 7.
Wednesday, June 17, 2015
Dad charged after 18-month-old daughter injured during illegal drug activity in the home (McDowell County, North Carolina)
Dad is identified as JUSTIN EDWARD GATCH. No mention of a mother in the home or anywhere else.
http://www.wlos.com/news/features/top-stories/stories/child-injured-during-drug-activity-father-charged-21530.shtml#.VYI_TtHbItg
Updated: Wednesday, June 17 2015, 10:36 AM EDT
Child Injured During Drug Activity, Father Charged
MCDOWELL COUNTY, N.C. -- A Marion man is facing charges after his 18 month old daughter was apparently injured during illegal drug activity at their home.
Justin Edward Gatch, 22, of Popover Drive in Marion, is charged with felony child abuse inflicting serious injury.
The child sustained bruising to her face and was taken to the hospital, where she was treated for her injuries and released.
The Sheriff’s Office received the case on a referral from the McDowell County Department of Social Services.
http://www.wlos.com/news/features/top-stories/stories/child-injured-during-drug-activity-father-charged-21530.shtml#.VYI_TtHbItg
Updated: Wednesday, June 17 2015, 10:36 AM EDT
Child Injured During Drug Activity, Father Charged
MCDOWELL COUNTY, N.C. -- A Marion man is facing charges after his 18 month old daughter was apparently injured during illegal drug activity at their home.
Justin Edward Gatch, 22, of Popover Drive in Marion, is charged with felony child abuse inflicting serious injury.
The child sustained bruising to her face and was taken to the hospital, where she was treated for her injuries and released.
The Sheriff’s Office received the case on a referral from the McDowell County Department of Social Services.
Custodial dad caught on camera beating up 6-year-old son, 3-year-old daughter; abuse had already driven mother out of home (Philipines)
The most significant fact in this story is left till the end. This father's violence had previously driven the mother out of the home, and authorities did not file charges. That left the mother completely vulnerable and apparently with no access to the children. UNNAMED DAD then had de facto custody. So of course what does a violent father do? He not only battered the kids but neglected their care (i.e. evidence of skin infections). Only now that he's been caught on video are the police doing anything about this father.
But this could have been an utterly preventable crime if they had arrested and jailed this man when he beat his wife. And notice that for all their screw ups, the mother STILL does not have custody. So basically she and the kids are STILL being punished for the violent father's deeds.
http://www.gmanetwork.com/news/story/505762/news/nation/father-in-viral-child-abuse-video-nabbed-in-muntinlupa
Father in viral child abuse video nabbed in Muntinlupa
June 17, 2015 8:54pm
The man caught on camera beating up his two children was arrested in Barangay Cupang, Muntinlupa City on Wednesday after the video went viral on the Internet, a "24 Oras" report said.
Muntinlupa police chief Sr. Supt. Allan Nobleza said the suspect will face charges of child abuse for physically hurting his six-year-old son and three-year-old daughter.
Nobleza said they are also investigating the suspect's possible use of illegal drugs.
The suspect admitted that he was the man caught on video.
The medico legal report said that the children had skin infections – an indication that they are not being well taken care of.
The suspect's son also had bruises in his head, the report said.
The children are now under the custody of non-goverment organization Saklolo at Gabay ng Ina at Pamilya (SAGIP) and are set to undergo psychological counseling following the incident.
According to the report, the suspect's wife had left their home because she was also abused. However, no charges were filed against the suspect then. — Kathrina Charmaine Alvarez/KBK, GMA News
But this could have been an utterly preventable crime if they had arrested and jailed this man when he beat his wife. And notice that for all their screw ups, the mother STILL does not have custody. So basically she and the kids are STILL being punished for the violent father's deeds.
http://www.gmanetwork.com/news/story/505762/news/nation/father-in-viral-child-abuse-video-nabbed-in-muntinlupa
Father in viral child abuse video nabbed in Muntinlupa
June 17, 2015 8:54pm
The man caught on camera beating up his two children was arrested in Barangay Cupang, Muntinlupa City on Wednesday after the video went viral on the Internet, a "24 Oras" report said.
Muntinlupa police chief Sr. Supt. Allan Nobleza said the suspect will face charges of child abuse for physically hurting his six-year-old son and three-year-old daughter.
Nobleza said they are also investigating the suspect's possible use of illegal drugs.
The suspect admitted that he was the man caught on video.
The medico legal report said that the children had skin infections – an indication that they are not being well taken care of.
The suspect's son also had bruises in his head, the report said.
The children are now under the custody of non-goverment organization Saklolo at Gabay ng Ina at Pamilya (SAGIP) and are set to undergo psychological counseling following the incident.
According to the report, the suspect's wife had left their home because she was also abused. However, no charges were filed against the suspect then. — Kathrina Charmaine Alvarez/KBK, GMA News
Tuesday, June 16, 2015
Dad charged with felony child abuse; 2-year-old daughter has life-threatening injuries (Spruce Pine, North Carolina)
Is MICHAEL BAXLEY a single and/or custodial father? Notice that there is no mention of a mother in the home or anywhere else.
http://www.wlos.com/news/features/top-stories/stories/mitchell-county-child-abuse-arrest-21460.shtml#.VYCMGtHbLtQ
Mitchell County Child Abuse Arrest
Updated: Thursday, June 11 2015, 01:54 PM EDT
SPRUCE PINE, N.C. -- New developments in the case of a Mitchell County two-year-old who suffered a serious head injury.
The father of the toddler is now facing charges.
The police chief says the two-year-old suffered life-threatening injuries and remains at Mission Hospital.
He says evidence points to the child's father as being the one responsible for his daughter's injuries.
On May 19th emergency responders were called to the Fairground Street Apartments to a report of a child that had fallen and was unresponsive.
When crews arrived, two-year-old Rosanna Baxley was found unresponsive. The girl's father told officers she fell off a bed and hit her head.
Rosanna was transported to Blue Ridge Regional Hospital then flown to Mission Hospital.
This past Tuesday, the girl's father, Michael Baxley, was arrested and charged with felony child abuse inflicting serious bodily injury.
The police chief says evidence shows the injuries Rosanna sustained did not occur from falling off a bed, because of the severity. He also says because her body temperature had dropped below well below what it should be, the incident likely occurred well before the 911 call was made.
While in the hospital, Rosanna has had part of her skull removed.
The chief says she likely has a long road to recovery ahead. Chief Bill Summerlin, Spruce Pine Police Department, "her recovery is going to be critical from here on out and I'm sure that it's going to be a slow, agonizing process for her but she's off the ventilator and we still have hope."
Baxley had his first court appearance Wednesday and remains in jail on a $250,000 bond.
The chief says the father was the only one with Rosanna when crews arrived.
http://www.wlos.com/news/features/top-stories/stories/mitchell-county-child-abuse-arrest-21460.shtml#.VYCMGtHbLtQ
Mitchell County Child Abuse Arrest
Updated: Thursday, June 11 2015, 01:54 PM EDT
SPRUCE PINE, N.C. -- New developments in the case of a Mitchell County two-year-old who suffered a serious head injury.
The father of the toddler is now facing charges.
The police chief says the two-year-old suffered life-threatening injuries and remains at Mission Hospital.
He says evidence points to the child's father as being the one responsible for his daughter's injuries.
On May 19th emergency responders were called to the Fairground Street Apartments to a report of a child that had fallen and was unresponsive.
When crews arrived, two-year-old Rosanna Baxley was found unresponsive. The girl's father told officers she fell off a bed and hit her head.
Rosanna was transported to Blue Ridge Regional Hospital then flown to Mission Hospital.
This past Tuesday, the girl's father, Michael Baxley, was arrested and charged with felony child abuse inflicting serious bodily injury.
The police chief says evidence shows the injuries Rosanna sustained did not occur from falling off a bed, because of the severity. He also says because her body temperature had dropped below well below what it should be, the incident likely occurred well before the 911 call was made.
While in the hospital, Rosanna has had part of her skull removed.
The chief says she likely has a long road to recovery ahead. Chief Bill Summerlin, Spruce Pine Police Department, "her recovery is going to be critical from here on out and I'm sure that it's going to be a slow, agonizing process for her but she's off the ventilator and we still have hope."
Baxley had his first court appearance Wednesday and remains in jail on a $250,000 bond.
The chief says the father was the only one with Rosanna when crews arrived.
Potential plea agreement for dad charged with 1st-degree muder in death of 5-week-old son (Putnam County, South Carolina)
We've reported on this case before. Yet another case where a violent, controlling father had just separated from the mother, yet was still provided with access to a newborn baby. Bad move.
Whether this was court-ordered access or not has not been clarified as far as I know. But the father clearly had a previous criminal record (domestic battery conviction, child neglect charges) that should have prevented him from having access of any kind, especially for a baby this young. Subsequent events even further demonstrate that this father was violent, mentally unstable, and a pathological liar.
Earlier accounts say he even spoke to the mother on the phone during this 27 hour period, yet still chose to say nothing about the dead baby. Pretty sick dude...
Dad is identified as ROBERT JEREMY SMITH.
http://www.charlestondailymail.com/article/20150611/DM02/150619845
Thursday, June 11, 2015
Life with mercy recommended for Hurricane father accused in infant’s death
By Andrea Lannom, Legal affairs writer
A Putnam County father cried as he told the judge he failed to get emergency care after his 5-week-old son, Madden Smith, stopped breathing.
Robert Jeremy Smith, 34, of Hurricane, appeared for a Thursday plea hearing before Putnam County Circuit Judge Joseph Reeder. Smith, who was charged with the murder of his infant son, pleaded guilty to murder of a child by parent by refusal to supply necessities.
In a hearing last month, attorneys announced they had reached a potential plea agreement but weren’t ready to announce the terms of it just yet. They set the hearing for Thursday to either move forward with the agreement, or present their pretrial motions in preparation for his July trial.
Smith was charged with first-degree murder, murder of a child, failure to render medical aid and child abuse causing death.
The criminal complaint said Smith had been caring for his son in his Hurricane home when he heard him crying on the floor of the bedroom.
When he picked him up, he lost grip and the infant “fell to the floor and was gasping for air,” the criminal complaint said.
Smith didn’t feel a pulse, wrapped the baby in a blanket but didn’t call 911 because he was afraid he would get in trouble, according to the allegations in the criminal complaint. He didn’t notify anyone of the death for 27 hours.
Police said Smith admitted to shaking his son but only after he was asked.Police found the infant in a car in Kanawha City. Smith was near the vehicle with what detectives said were self-inflicted cuts to his throat and neck. The criminal complaint alleged Smith told police when he exited his car, “The baby is dead, I killed the baby.” Paramedics rushed Smith to Charleston Area Medical Center’s General Hospital.
“On May of 2014, in Hurricane, of Putnam County, my son stopped breathing,” Smith told the judge Thursday, pausing several times. “And he needed emergency medical care and I failed to provide it for him.”
Reeder asked if he failed to provide this care intentionally. Smith paused for several seconds, crying, and Reeder once again addressed him.
“Yes, your honor,” he responded.
He could face life in prison when he is sentenced at 9 a.m. Aug. 14. However, prosecutors are recommending mercy, which means he can see the parole board after serving 15 years.
After the hearing, assistant Putnam Prosecutor Kris Raynes, explained there were different theories in the indictment for the cause of the infant’s death.
“The count that the defendant pled to today, one of the theories is that he caused the death of this child and failed to get medical help for him. That, in itself, carries with it a life imprisonment but had we gone to trial, we had other evidence to show that it was more than an accident,” Raynes said.
“What he pled to today, his failure to get medical care for his son was a malicious cause of his death and that was his choice. He chose to protect himself rather than to get care for his son.”
Police initially said the infant appeared to have multiple skull fractures but Raynes said this was a preliminary finding.
“Babies’ skulls are very pliable,” Raynes said. “There were numerous positions of bleeding on the brain and in the baby’s head that was consistent with abuse but the fact that this all led up to the baby’s death and his failure for more than 24 hours to seek any kind of medical care was what he pled to today, which is the same penalty as first-degree murder.”
Police also said the baby had an abrasion on his forehead. Raynes said there was a hammer with blood on it found at the home but the medical examiner later determined the hammer was not used to harm the child.
“Even though it was striking how closely it matched the diameter of an abrasion on the baby’s forehead, it was determined that that was not used through lab evidence and also the opinion by the medical examiner that that was not used,” Raynes said.
Whether this was court-ordered access or not has not been clarified as far as I know. But the father clearly had a previous criminal record (domestic battery conviction, child neglect charges) that should have prevented him from having access of any kind, especially for a baby this young. Subsequent events even further demonstrate that this father was violent, mentally unstable, and a pathological liar.
Earlier accounts say he even spoke to the mother on the phone during this 27 hour period, yet still chose to say nothing about the dead baby. Pretty sick dude...
Dad is identified as ROBERT JEREMY SMITH.
http://www.charlestondailymail.com/article/20150611/DM02/150619845
Thursday, June 11, 2015
Life with mercy recommended for Hurricane father accused in infant’s death
By Andrea Lannom, Legal affairs writer
A Putnam County father cried as he told the judge he failed to get emergency care after his 5-week-old son, Madden Smith, stopped breathing.
Robert Jeremy Smith, 34, of Hurricane, appeared for a Thursday plea hearing before Putnam County Circuit Judge Joseph Reeder. Smith, who was charged with the murder of his infant son, pleaded guilty to murder of a child by parent by refusal to supply necessities.
In a hearing last month, attorneys announced they had reached a potential plea agreement but weren’t ready to announce the terms of it just yet. They set the hearing for Thursday to either move forward with the agreement, or present their pretrial motions in preparation for his July trial.
Smith was charged with first-degree murder, murder of a child, failure to render medical aid and child abuse causing death.
The criminal complaint said Smith had been caring for his son in his Hurricane home when he heard him crying on the floor of the bedroom.
When he picked him up, he lost grip and the infant “fell to the floor and was gasping for air,” the criminal complaint said.
Smith didn’t feel a pulse, wrapped the baby in a blanket but didn’t call 911 because he was afraid he would get in trouble, according to the allegations in the criminal complaint. He didn’t notify anyone of the death for 27 hours.
Police said Smith admitted to shaking his son but only after he was asked.Police found the infant in a car in Kanawha City. Smith was near the vehicle with what detectives said were self-inflicted cuts to his throat and neck. The criminal complaint alleged Smith told police when he exited his car, “The baby is dead, I killed the baby.” Paramedics rushed Smith to Charleston Area Medical Center’s General Hospital.
“On May of 2014, in Hurricane, of Putnam County, my son stopped breathing,” Smith told the judge Thursday, pausing several times. “And he needed emergency medical care and I failed to provide it for him.”
Reeder asked if he failed to provide this care intentionally. Smith paused for several seconds, crying, and Reeder once again addressed him.
“Yes, your honor,” he responded.
He could face life in prison when he is sentenced at 9 a.m. Aug. 14. However, prosecutors are recommending mercy, which means he can see the parole board after serving 15 years.
After the hearing, assistant Putnam Prosecutor Kris Raynes, explained there were different theories in the indictment for the cause of the infant’s death.
“The count that the defendant pled to today, one of the theories is that he caused the death of this child and failed to get medical help for him. That, in itself, carries with it a life imprisonment but had we gone to trial, we had other evidence to show that it was more than an accident,” Raynes said.
“What he pled to today, his failure to get medical care for his son was a malicious cause of his death and that was his choice. He chose to protect himself rather than to get care for his son.”
Police initially said the infant appeared to have multiple skull fractures but Raynes said this was a preliminary finding.
“Babies’ skulls are very pliable,” Raynes said. “There were numerous positions of bleeding on the brain and in the baby’s head that was consistent with abuse but the fact that this all led up to the baby’s death and his failure for more than 24 hours to seek any kind of medical care was what he pled to today, which is the same penalty as first-degree murder.”
Police also said the baby had an abrasion on his forehead. Raynes said there was a hammer with blood on it found at the home but the medical examiner later determined the hammer was not used to harm the child.
“Even though it was striking how closely it matched the diameter of an abrasion on the baby’s forehead, it was determined that that was not used through lab evidence and also the opinion by the medical examiner that that was not used,” Raynes said.
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