|
|
|
The case against a rural Neosho man accused of shaking a 4-month-old girl and severely injuring her last year has been dismissed.
Levi Earl Burdge, 22, of 17295 Elkhorn Lane, was slated for a plea hearing Monday in Newton County Circuit Court on a charge of first-degree assault. Instead, the prosecutor’s office has decided to drop the case.
“The case wasn’t viable,” said Bill Dobbs, assistant prosecutor for Newton County. “The medical evidence that we believed was there was not nearly as strong as we believed it to be.”
According to probable cause affidavit, the original report described a subdural hematoma or bleeding on the brain and retinal injuries consistent with shaken baby syndrome.
“The original report described the injuries as much more serious than the later testimony of the attending physician would reflect,” Dobbs said. “We operate on probable cause affidavits when they initially come in, and didn’t have the complete report to work off of. As the case progressed, it became more and more evident the evidence we had would not support a decision to pursue it.”
Burdge was charged in connection with a Feb. 10, 2010, incident that took place at his home. At the time of the incident, Newton County Sheriff Ken Copeland said Burdge’s girlfriend left her infant daughter in his care. A probable cause affidavit filed by Mike Barnett, a detective with the Newton County Sheriff’s Department, said Burdge told investigators while he was watching the child, the baby became “fussy” as she was starting to teethe. According to the affidavit, Burdge told investigators he tried several things to quiet the child, but nothing worked.
The affidavit said Burdge then got ice from the kitchen and began rubbing the baby’s gums with it. He told detectives a piece of ice slid down the baby’s throat and that he “rolled her around” in an effort to dislodge it. Then, he reportedly told investigators, the child wasn’t breathing and began to turn blue, so he shook her and she began to breathe again. Burdge then took the baby to the emergency room of Freeman Neosho Hospital.
Copeland said at the time that ER staff contacted the sheriff’s office, who arrived before the child was
airlifted to a Springfield hospital. At the time, the sheriff said it was likely the child would be blind or unable to walk and talk again.
The child underwent emergency surgery on Feb. 13, 2010, according to the affidavit.
Names of the mother and child have not been released.
Dobbs said while it is possible charges could be refiled in the future, “we do not anticipate that.”
The case against a rural Neosho man accused of shaking a 4-month-old girl and severely injuring her last year has been dismissed.
Levi Earl Burdge, 22, of 17295 Elkhorn Lane, was slated for a plea hearing Monday in Newton County Circuit Court on a charge of first-degree assault. Instead, the prosecutor’s office has decided to drop the case.
“The case wasn’t viable,” said Bill Dobbs, assistant prosecutor for Newton County. “The medical evidence that we believed was there was not nearly as strong as we believed it to be.”
According to probable cause affidavit, the original report described a subdural hematoma or bleeding on the brain and retinal injuries consistent with shaken baby syndrome.
“The original report described the injuries as much more serious than the later testimony of the attending physician would reflect,” Dobbs said. “We operate on probable cause affidavits when they initially come in, and didn’t have the complete report to work off of. As the case progressed, it became more and more evident the evidence we had would not support a decision to pursue it.”
Burdge was charged in connection with a Feb. 10, 2010, incident that took place at his home. At the time of the incident, Newton County Sheriff Ken Copeland said Burdge’s girlfriend left her infant daughter in his care. A probable cause affidavit filed by Mike Barnett, a detective with the Newton County Sheriff’s Department, said Burdge told investigators while he was watching the child, the baby became “fussy” as she was starting to teethe. According to the affidavit, Burdge told investigators he tried several things to quiet the child, but nothing worked.
The affidavit said Burdge then got ice from the kitchen and began rubbing the baby’s gums with it. He told detectives a piece of ice slid down the baby’s throat and that he “rolled her around” in an effort to dislodge it. Then, he reportedly told investigators, the child wasn’t breathing and began to turn blue, so he shook her and she began to breathe again. Burdge then took the baby to the emergency room of Freeman Neosho Hospital.
Copeland said at the time that ER staff contacted the sheriff’s office, who arrived before the child was
airlifted to a Springfield hospital. At the time, the sheriff said it was likely the child would be blind or unable to walk and talk again.
The child underwent emergency surgery on Feb. 13, 2010, according to the affidavit.
Names of the mother and child have not been released.
Dobbs said while it is possible charges could be refiled in the future, “we do not anticipate that.”
