Dayton man indicted for murder in 2-month-old son’s death

A Dayton man was indicted Thursday on murder and other charges in the death last month of his 2-month-old son.

James Kyle Gilmore, 31, is scheduled to be arraigned Tuesday in Montgomery County Common Pleas Court for murder, involuntary manslaughter, attempt to commit tampering with evidence, having weapons while under disability, two counts of endangering children and three misdemeanor counts of endangering children.

Credit: Montgomery County Jail

Credit: Montgomery County Jail

Gilmore’s son, Kyle K. Gilmore, died July 29 at Dayton Children’s Hospital.

Dayton police found video from July 21 that showed Gilmore “taking actions to prevent [the infant] from breathing, leading to his eventual unresponsiveness,” according to an affidavit filed in Dayton Municipal Court.

ExploreBond $500K for Dayton man charged in 2-month-old son’s death

Dayton police and medics responded the afternoon of July 21 to an apartment in the 3300 block of White Oak Drive.

A man called 911 to report the baby was not breathing. The man did not identify himself but said he was home alone with his children and did not know how long the baby had not been breathing. When the dispatcher asked how long ago he noticed the boy breathing, he said, “it was 40 minutes ago,” according to Montgomery County Regional Dispatch Center records.

The man also said the baby had no medical history but that his twin sister spent time at a neonatal intensive care unit.

The dispatcher tried to guide the man through rescue breathing.

Explore911 caller: 2-month-old last seen breathing 40 minutes prior to call

Medics arrived at the apartment and began life-saving measures. They took the baby to the hospital, where staff observed injuries consistent with abuse, according to the affidavit.

Gilmore, the only adult caring for the infant when he became unresponsive, told authorities he did not know what caused the baby to become unresponsive, according to court records.

The infant’s cause and manner of death remains pending, according to the Montgomery County Coroner’s Office.

Gilmore is held on a $500,000 bond in the Montgomery County Jail, where he has been since his Aug. 8 arrest by Dayton police.

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