DA: Baby battered to death

 

By Katharhynn Heidelberg
Daily Press Senior Writer
Published/Last Modified on Wednesday, April 1, 2009 8:42 PM MDT

DELTA — Trauma, not necessarily "shaken baby syndrome," killed 5-month-old Cady Beck, prosecutors said Wednesday.

Deputy District Attorney Wiley Christopher said the circumstances of Cady's death — from blunt trauma to the head and neck in December — warranted "an extremely high bond," ideally, $1 million, for her father, Daven Beck.

Beck, 20, was arrested at his parents' home Tuesday on suspicion of first-degree murder, child abuse resulting in death and child abuse.


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He was held without bail until Wednesday, when special counsel Colleen Scissors argued that, in absence of formal murder charges, Beck was entitled to have a bond set.

Several members of Beck's Nazarene church and the Delta community turned out to support him.

"He's a good kid," fellow parishioner Wally Young said during a court break. "Half of the church is here to support him. Remember, he's innocent until proven guilty."

Young said he was surprised to learn of Beck's arrest. "I think they (authorities) are wrong," he said.

Beck was the only adult with Cady when she went into distress Dec. 22, 2008, Christopher and Beck's arrest affidavit alleged.

An affidavit lays forth an investigator's probable cause to support allegations. It is not proof of guilt.

According to the document, Cady was taken first to a pediatric clinic that had been treating her for diarrhea, then, at clinic employees' urgent suggestion, to the Delta hospital.

She had to be resuscitated there and was flown to Children's Hospital in Aurora, where she was pronounced brain dead Dec. 23.

Doctors in Aurora told investigators from the Delta Police Department and Aurora Police Department that Cady's injuries could not have been accidental or the result of a medical problem. "Cady is expected to die," Dr. Sandeep Narang had written in medical notes obtained by investigators.

Beck's affidavit included information from the infant's autopsy report, which noted bleeding in both retinas, an acute subdural hematoma (brain bleeding), bruising along the jaw and frontal scalp, bleeding in the spinal column, and a blood clot, all of which the examiner believed occurred around the time of death.

The muscles of the neck showed bruising and bleeding, the affidavit said, caused by "severe flexion and extension of the neck." There were, Dr. Michael Arnall wrote, a constellation of injuries indicative of "multiple direct traumatic events."

The affidavit alleges Beck had anger issues and did not appear to act with great urgency when Cady went into distress. It notes witnesses' allegations that Beck didn't seem concerned with anything other than what would happen to him.

The document also notes, however, that many considered him a good father, and that Beck reportedly spoke of Cady hitting her head.

Scissors said Wednesday her client loved his daughter and the outpouring of church and familial support attested to his character.

"He was a good father of their 6-month-old (sic) daughter until the baby's death, which broke his heart," Scissors said. "All these people who have known my client will tell you he loved his daughter, Cady."

Scissors said the baby had health issues, including a heart murmur. It was Beck, she said, who moved the baby through prescribed pediatric calisthenics to strengthen her muscles. Additionally, neither Cady nor her 2-year-old sister had responded well to recent vaccinations, Scissors said.

She interpreted the allegations as supporting "shaken baby syndrome," about which, she said, there are many conflicting expert opinions. "There is not as much known about infants and head injuries as there should be," Scissors said.

Beck had no prior criminal history, was living with his parents, and cooperated fully with authorities, so Scissors said he was entitled to have bail set in "a reasonable amount."

"We do not characterize this as a shaken baby case," Christopher countered. "We characterize this as a trauma case."

He said Cady's injuries "indicated there was a single, brutal blow in which the child was slammed down."

The affidavit contains Arnall's explanation that the bruises "did not occur from a single fall onto a flat surface or object" and the injuries indicated "multiple direct traumatic events."

Christopher said the affidavit's allegations that Beck was more concerned about his freedom than his daughter showed a man with incentive to flee.

"In our humble opinion, it would appear there is well more than probable cause to support the charges," he said, asking for a high bond.

Scissors said bond should not be based on Christopher's speculation as to what formal charges would be filed. She also reminded the court of Christopher's earlier admission that he hadn't yet looked at all the evidence in the case.

"This baby was sick for weeks. Whatever happened to this baby may have had something to do with inoculations," Scissors said.

"A million-dollar bond seems absolutely outrageous to me."

Judge Sandra Miller set bond at $150,000, the standard amount for offenses charged as class-2 felonies. Formal charges are due by April 8.
 

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