The child was in the custody of the Department of Human Services on Monday.
Montrose police officers were called to an area hospital Saturday, along with an official with Child Protective Services, the Montrose Daily Press reported. Officials realized the child had been injured, and the case was taken over by the Montrose County Sheriff's Office, the newspaper reported.
Deputy Tammy Stroup met with a caseworker, who said the baby's caregiver had allowed Nutting to spend the weekend with the child, despite a court order restraining him from having contact with the child, the Daily Press reported.
A Montrose man reportedly frustrated when a 5-month-old baby would not stop crying is accused of jerking the child from his carseat and breaking his right arm on Saturday. https://t.co/7XzDo4YBNu
— Montrose Daily Press (@montrosepress) March 3, 2020
Nutting was arrested Jan. 20 for domestic violence, felony menacing, child abuse and third-degree assault, according to the Montrose County Sheriff’s Office. The charges involved the same child, the newspaper reported.
On Saturday, Nutting reportedly called the caregiver at about 5 a.m. to report he could not get the infant to stop crying. He then took the child to the caregiver’s home a few doors away, Stroup said in Nutting’s arrest affidavit.
The caregiver told Stroup the baby was visibly upset and crying, but seemed to calm down after a bath, the affidavit said. Several hours later, the caregiver noticed the baby was unable to use both hands to hold a bottle and cried when she touched his right arm, the Daily Press reported.
According to the affidavit, the woman called Nutting, who “admitted to her that he was frustrated and couldn’t get (the infant) to stop crying and (redacted) out of his car seat by (his) arm.”
Nutting, later interviewed by deputies, gave the same account as the caregiver and was subsequently arrested, the Daily Press reported.
Nutting is scheduled to appear in court March 12, the newspaper reported.
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