The Montgomery County Coroner’s Office ruled Nathan died of an “anoxic brain injury” due to suspected drug intoxication, but no drug could be identified.
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Wylie was charged Aug. 4 with child endangering and weapons under disability, both third-degree felonies, and given a bond of $10,000 in the case involving his son.
Montgomery County Prosecutor Mat Heck Jr. said there was “insufficient evidence to determine where or from whom the child obtained any drugs and, therefore, homicide charges could not be brought.”
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Wylie’s attorney sought a reduction in his client’s bond stemming from the 2016 case in which Wylie was found with drugs during a traffic stop of his girlfriend. Wylie, who has been incarcerated since March 28, had a status conference scheduled for Wednesday postponed until Aug. 30.
“Defendant is a lifelong Dayton resident, has extended family in the area, and has never failed to appear for court in any case,” wrote Jeffrey Gramza, Wylie’s new attorney. “He has completely detoxed and would test negative for any substance abuse.”
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Gramza wrote that Wylie will stay with his brother and be on electronic monitoring (EHDP).
In response to Gramza’s motion, assistant prosecutor Lynda Dodd wrote she objected to any reduction in Wylie’s bond, calling him a flight risk.
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Dodd wrote that on March 28, 2017, Wylie had custody of both of his sons but didn’t know where one was located while Wylie was in “the clenches of drug addiction.”
The memo said Wylie had once been resuscitated with Narcan after overdosing. The memo also said on that day in March Wylie entered his RV and saw his son unconscious with what he thought was paper used to snort drugs.
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“Believing his son was overdosing, he did nothing for hours, and hours, as his son’s breathing became more labored,” Dodd wrote. “As time went on, the child’s brain was being deprived of oxygen and brain injury was increasing.”
Dodd said Wylie knew he had a warrant for his arrest and “if he called for help for (his) son, or if he had even bothered to go next door to the fire station, he would be facing arrest — and thus be deprived of feeding his addiction. Thus, for hours and hours he did nothing.”
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Dodd wrote that the same family seeking to support Wylie was “not successfully supporting him or his sons previously”.
In opposing any reduction in bail, Dodd wrote that if Wylie’s addiction is so strong that in March he would “ignore his son’s declining, and ultimately fatal, medical distress to avoid such arrest — there is no condition that the Court could place on Defendant on EHDP that would ensure his return to court.”
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