On July 31, his defense motioned for an acquittal.
“The court, in viewing the evidence in the light most favorable to the prosecution, finds that no rational trier of fact could find the essential elements of the offense proven beyond a reasonable doubt,” the verdict read.
Judge Angelina Jackson dismissed the charge, and the jury was discharged from service without any deliberations, according to the Montgomery County Prosecutor’s Office said.
“We objected to her ruling and requested a hearing on the matter, which was denied,” a spokesperson for the prosecutor’s office said. “The State believes there was more than enough evidence to prove the defendant’s guilt beyond a reasonable doubt.”
The case stemmed from a report from a medical social worker at Dayton Children’s Hospital of possible physical abuse of an 8-day-old boy brought to the emergency department on July 2, 2024.
The social worker said the newborn suffered a right femur fracture that was not consistent with an injury during childbirth, according to a Huber Heights Police Division dispatch recording.
The injury to the infant born June 24 was reported to have happened sometime between June 24 and July 2 at an apartment in the 4600 block of Wayne Meadows Circle in Huber Heights, according to the indictment.
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