Notice that the mother did not live with dad CODY MONTGOMERY. The baby was apparently injured after the mom the dropped the baby off with Dad. Whether this was an informal babysitting arrangement or a court-ordered visitation situation is not clarified here. Either way, it's important to realize that testosterone-fueled young men like Montgomery are at very high risk of child abuse, especially infant abuse. They just don't have the patience or nurturing skills to do the job.
http://www.fox59.com/news/wxin-father-child-battery-father-accused-of-child-battery-in-court-tuesday-20111115,0,5367153.column
Father accused of child battery maintains his innocence
Montgomery called 911 when he said he noticed his 3-month-old daughter was not breathing. When doctors at Riley Hospital for Children examined the child, they discovered the infant had head trauma.
2:49 p.m. EST, November 15, 2011
Indianapolis
A father accused of child battery is out of jail on bond Tuesday morning, but he is due to appear in court at 8:30 a.m. Tuesday for a pre-trial.
Cody Montgomery, 19, said he is innocent.
The probable cause affidavit released Monday reveals the moments before the baby was rushed to the hospital.
“There is no other medical explanation which could account for the baby's injuries,” said the doctor who examined the 3-month-old girl. “The injuries the baby sustained could have resulted in death."
The doctor told investigators the child immediately began to show symptoms of a brain injury.
One witness said the baby looked lethargic-- like a rag doll. Another witness said the baby was not breathing right.
Montgomery’s mother, Sonja Wolf, continues to defend her son’s innocence. She claims her son did not hurt his daughter and the injuries must have happened before the baby came to stay with him. However, the baby’s mother said she dropped off her daughter at Montgomery’s house and said her baby was great and normal, despite battling an upper respiratory infection.
Wolf said she was with her son at the family’s home when they called 911 Sunday morning on November 6. She said her granddaughter was battling a cough and had stopped breathing. Wolf said Montgomery was performing CPR on the baby while first responders were on their way to the residence.
When doctors evaluated the baby, they found abusive head trauma and evidence of fractured bones. Doctors said it is too soon to tell if the 3-month-old will have any long-term damage from her injuries. Child Protective Services and police were notified.
Montgomery faces a Class B felony battery charge, which carries a fine up to $10,000 and 6 to 20 years in prison. He is due back in court next month.