A 25-year-old man is accused of assaulting his girlfriend's toddler so badly that the boy died several days later.
Dallas Bogard contends that Baby Q's injuries were caused when he climbed up a bookshelf and it fell on him. He denies assaulting the boy. In his arraignment Monday, Bogard pleaded not guilty to first-degree assault.
A Clay County judge set bond at $50,000. If convicted of the current charge, Bogard faces at least 10 years in prison up to a life sentence.
The 2-year-old boy died Monday in an area hospital after suffering a skull fracture that caused swelling on his brain and spine.
"The victim was not breathing on his own and doctors were not getting any reactions from him," according to court documents filed before the child's death. "They advised that the victim's condition was grave."
The boy's third birthday would have been in April.
Prosecutors are waiting on autopsy reports to determine the exact cause of death and whether the assault charge should be upgraded to murder.
Police also found synthetic marijuana inside the home, according to court documents.
Paramedics were called at 2:30 p.m. Friday to a home in the 1300 block of Northeast 46th Terrace in the Northland. The call initially came in as a child injured inside the residence.
Officers were dispatched to the scene at 2:44 p.m. Bogard told officers that he was in his bedroom with the door shut when he heard a thump, according to court documents. He said he found a bookshelf on the floor next to the boy and tried to perform CPR while calling 911.
Bogard lives in the home and said he watched the child while his mother worked.
The mother responded to the hospital and told police that Bogard had been watching her son regularly since she began a job on Jan. 1.
"She had recently observed bruises on the victim's neck, back and legs. The bruises on the victim's neck had been underneath the jaw line of the victim," according to court documents. "She thought the boy had an iron deficiency and was considering taking him to the doctor about it."
She said when she left for work about 10 a.m. Friday that her son was awake and appeared to be in good health. She said she received a text from Bogard at 3:17 p.m. telling her to answer her phone.
"She then received a telephone call from him advising that the victim was being taken to the hospital," according to court documents. "Bogard told her over the phone that a bookshelf had fallen on her son. She told detectives that her son had climbed the shelf in the past and it had fallen over, but he had not been injured."
The mother said she did not think the shelf weighed enough to inflict such serious injuries on her son, according to court documents.
Detectives found the child's bedroom to have an inch-thick, foam-like mat. On the floor beside the child's bed were numerous children's books.
"A four-shelf bookshelf was observed standing against a wall. The bookshelf did not have any sides or a back and appeared to be light," according to court documents.
Police found scattered throughout the home numerous empty packets of a substance called "Orgasmo," which is commonly known as K2 or a synthetic marijuana, according to court records.
KCTV5's Amy Anderson contributed to this report.
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Thursday, August 28 2014 9:44 PM EDT2014-08-29 01:44:10 GMT
The Johnson County Kansas Parks Police are asking for assistance in locating a missing person. More >
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