Medical examiner rules baby's death accidental, not murder - KCTV5

Medical examiner rules baby's death accidental, not murder

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Baby Q Baby Q

The Jackson County Medical Examiner's Office has ruled a toddler's death as an accident.

As a result, a man accused of assaulting the 2-year-old so badly that he died was released Tuesday on his own personal recognizance as he awaits trial. His bond initially had been set at $50,000.

The Clay County Prosecutor's Office is continuing to prosecute Dallas Bogard, 25, for assaulting Baby Q. The charge has not been dismissed.

A spokesman for the prosecutor's office said that Bogard's next court appearance is June 4.

"In the meantime, we will be reviewing the medical reports to determine what charge best fits the facts," according to a statement from Jim Roberts, spokesman for Prosecutor Dan White.

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.

The boy suffered a skull fracture that caused swelling on his brain and spine that eventually took his life. Bruises were found on his body.

The boy's third birthday would have been in April.

"The tragedy was an accident, and the medical experts agree," said Bogard's public defender, Anthony Cardarella.

He said his client is relieved by the findings, and that the toddler's mother has stood by Bogard and believed that he didn't have anything to do with the boy's death.

"In this instance, there's really no happy ending in a case where an infant has lost their life," Cardarella said. "The only good news is that the injustice was corrected at this early juncture."

Prosecutors had been waiting on the autopsy report to determine whether to upgrade the charge to murder. Now they will have to regroup.

Police also found synthetic marijuana inside the home, according to court documents.

Paramedics were called in January 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.

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.

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