He called 911 around 10:40 a.m. Saturday from an apartment in the 4900 block of Woodman Park Drive and reported that Jacob Barker, 2, choked on a Pop Tart, according to a copy of the 911 call recording.
“Our officers, our first responders, detectives and the medical experts at Children’s (medical center) gave us indications that was not consistent with the child’s injuries,” said Dayton Police Lt. Wendy Stiver.
She declined to comment on whether Payne, who is also being held in jail on a parole violation, was alone with Jacob at the time of his injuries..
Jacob was pronounced dead at 2:13 p.m. on Sunday at Dayton Children’s Medical Center, according to the Montgomery County Coroner’s Office. The toddler’s autopsy results were not immediately available Monday.
Payne, who listed his occupation as being in construction on his jail booking sheet, is scheduled to appear for arraignment in county Common Pleas Court on Tuesday.
It is unclear what actually took place prior to the 911 call, but Stiver said there is some indication that a criminal act took place. “We are seeking charges against the suspect,” she said. “We believe the nature of the injuries and the nature of (Jacob’s death) were criminal.”
This newsroom attempted to speak with the Jacob’s family, but a spokesperson from the family declined comment.
The incident involving the baby girl occurred in January of 2011, according to documents filed in county Common Pleas Court.
“According to witnesses, defendant took the baby upstairs and shortly thereafter they heard a loud banging and the baby screaming,” Montgomery County Prosecutor Mat Heck wrote in his state’s memorandum regarding Payne’s sentencing in 2012.
Payne served two years and six months in prison before being released in November of 2014.
Online donations are pouring in for the Jacob’s family.
The donations to help with funeral expenses are being recorded by two separate gofundme accounts set up by family friends.
Those who would like to donate money can do so by visiting gofundme.com and searching for the accounts under the title Justice for Jacob or visiting the web site www.jacobslove.com.
Kelli Adkins, a family friend who set up jacobslove.com, described Jacob as a great kid who would try to make others happy.
“He would always make you laugh. He was kind of a clown,” Adkins said. She added that he loved to help his grandmother (on his mother’s side) with yard work and loved to play in the mud. “He was just a really good soul. Had a big sister and a little sister. He was just a really good kid.”
One of the gofundme accounts was set up by Mindy Howard, a friend of Jacob’s father, Jesse. The site was nearing $6,000 of its $10,000 goal as of 4:30 p.m. Monday.
“The fund is basically to show Jesse and his family that they are far from being alone and that people are hearing his sweet angel’s story and that they are praying for them,” Howard said. “As we all know, burying a loved one is far from cheap. Especially when it comes so very unexpected and as tragic as this one.”
The second gofundme account had raised over $1,650 of its $5,500 goal as of 4:30 p.m. Monday.The organizer of this account did not immediately respond when contacted by this newsroom on Monday.
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