Bond set at $1M in child death case

A 26-year-old man will need $1 million to get out of jail on charges stemming from the death of a 2-year-old boy.

Justin Payne, of Miami Twp., was arraigned on charges of murder, involuntary manslaughter and two counts of child endangering for the death of Jacob Barker. The incident happened at an apartment in the 4900 block of Woodman Park Drive. Payne called 911 around 10:40 a.m. Saturday to report his “girlfriend’s baby choked on a Pop Tart” and was having trouble breathing. Later that evening, Dayton police questioned Payne, and charged him with felonious assault. Jacob died Sunday, after which the Montgomery County Prosecutor’s Office approved new charges, including murder.

Dayton Municipal Court Judge Daniel Gehres said Payne was uncooperative with pretrial services and Ohio Risk Assessment staff, which is why he set bond at $1 million, cash or surety. He said Payne could discuss that bond with his attorney when he’s assigned a public defender.

Family members of the toddler filled the left side of the courtroom for the arraignment. They did not speak in court, but many made an audible noise of agreement when Payne’s bond was set. The toddler’s father, Jesse Barker, sat in the front row, his emotions visibly see-sawing between anger and sobs while he waited for court to begin.

Police haven’t said if Payne was alone in the apartment at the time of the incident. Officers were spotted back at the apartment Tuesday afternoon executing a search warrant. The prosecutor’s office said they intend to present Payne’s case to a grand jury in the coming days.

This is the second time Payne has faced charges relating to child abuse. He caused “devastating injuries” to an infant in 2011, fracturing the baby’s skull and breaking ribs. He served 2½ years in prison for felony child endangering. Payne was released in November 2014 and was still on probation when he was arrested Saturday, according to court records.

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