MIAMI—Jurors in Miami have acquitted a man who was charged with manslaughter after his 6-month-old son choked on a lollipop.
The Miami Herald reports a jury decided late last week that the death of Jermaine Marcell Levy’s son Marcell Jr. was accidental and not the result of reckless behavior.
A Miami jury has acquitted a man charged with manslaughter for giving his 6-month-old baby a lollipop. The child choked to death on the candy https://t.co/bWTbtGmmHb
— David Ovalle (@DavidOvalle305) March 11, 2019
Miami-Dade Assistant Public Defender Adam Saper says the “tragic accident” should have never been charged as a crime. He says the baby died on Father’s Day 2018 as his father tried to resuscitate him.
Levy, now 20, was arrested after police said he hit the baby’s mother in the mouth before kidnapping the boy who he had never taken care of. An arrest warrant says Levy was homeless and couldn’t provide a formula for the child and gave him a lollipop.
Accident or crime? A mother wants her child’s father arrested after their 6-month-old baby choked on a lollipop and died. @MiamiDadePD and DCF are investigating. “I need answers. I need justice for my son. Because he didn’t deserve this.” @wsvn @DCohenNEWS pic.twitter.com/HarNRwy6f8
— Brian Entin (@BrianEntin) June 27, 2018
Judge Rules 10-Year-Old Girl Incompetent in Baby Death
CHIPPEWA FALLS, Wis.—A judge in western Wisconsin on, March 5, found a 10-year-old girl incompetent to stand trial on charges she killed a 6-month-old baby in her care last year.
Dunn County Judge James Peterson’s ruling means the homicide case against the girl will be suspended indefinitely.
Judge rules 10-year-old girl incompetent in baby death https://t.co/yXNOF89cRk #10TV pic.twitter.com/iuvKQAndbH
— 10TV.com (@10TV) March 6, 2019
Peterson agreed with a psychologist that it’s possible the girl could become competent within the next year. The judge ordered the girl to be re-examined quarterly. She will return to court on July 3.
Prosecutor Richard Dufour said it’s likely the girl eventually will be committed. The girl will remain in the custody of the Department of Human Services for at least the next year.
The girl told investigators she panicked after dropping the baby at a home daycare and then stomped on his head when he began crying.
First responders were called Oct. 30 to a licensed home daycare in the Town of Tilden near Chippewa Falls. The baby was found to be unresponsive and bleeding from the head, according to officials. The baby was rushed to a Chippewa Falls hospital and then airlifted to a hospital in Minnesota. He died Nov. 1.
Authorities say the girl was removed from her biological parents’ care in September and was in foster care at the home where the baby was injured.
The girl sat quietly throughout the hearing Tuesday, but did speak when she was asked if she understood what was happening in court, the Leader-Telegram reported.
Dufour said the girl had shown in court she was able to control her behavior with no violent outbursts.
“We haven’t seen that in court,” Dufour told the judge. “We’ve been here two and a half hours.”
Two psychologists testified over the phone and agreed that the girl is incompetent at this time.
Defense attorney Laurie Osberg presented psychologist Michael Caldwell, who said it’s unlikely the girl will become competent in the next year. Caldwell added that it may take many more years for the girl to become competent.
Another psychologist, Deborah Collins, said with treatment and education, the girl could possibly be deemed competent within the next year.
Collins diagnosed the girl with post-traumatic stress disorder and disruptive mood dysregulation disorder.
