Trial to begin next week in injured baby case

Trial to begin next week in injured baby case

NS man accused of child endangerment faces prison possibility

The 13-month old boy stared blankly and vomited twice on the way to a Mason City hospital the morning of March 30. He had fallen in the night, said his mother’s live-in boyfriend who was caring for him.

Doctors discovered an injury that made them think otherwise and transferred the baby to the University of Iowa Hospitals and Clinics the morning of March 30. University doctors concluded he was the victim of “abusive head trauma,” according to the affidavit filed in April by Nora Springs Police Chief Jess Dugan.

The trial of Tylan James DeBeir, 25, of Nora Springs is scheduled to begin at 9 a.m., Monday, Dec. 7, in Floyd County District Court. The late Floyd County Attorney Normand Klemesrud charged him with two counts of child endangerment, class C felonies. Each county carries the possibility of up to 10 years in prison and a fine of $10,000.

The case is being prosecuted by Assistant State Attorney General Coleman McAllister. DeBeir is being represented by Public Defender Susan Flander.

According to the affidavit: The child’s mother, Megan Colby, lived with DeBeir, his mother and two other children in Nora Springs. DeBeir was the “primary and usually only caregiver” for the boy, it said.

On March 30 at about 3:10 a.m., Colby left for work and DeBeir and his 8-year-old sister were the only other people in the house except for the baby.

At 6:15 a.m. DeBeir and his mother, Sara Clark, brought the baby to Mercy Hospital in Mason city, where DeBeir told doctors the boy had fallen from his crib — which is a portable playpen — and had been lethargic after it. The Mason City doctors identified a small acute left frontal subdural hematoma, which led to concern of non-accidental trauma.

The University doctors told authorities that the baby also had retinal hemorrhages in both of his eyes and that the injuries could not have been caused by a fall from the crib.

The affidavit also said that a University nurse documented that DeBeir said, “You brought this upon yourself” in reference to (the baby) getting sick, crying and being irritable. Later when (the baby_ cried and threw up, (DeBeir) said, “Sure, get yourself worked up agan and make yourself puke. Real smart, you … retard.”

In later interviews with authorities, DeBeir said the baby had been fussing and awake after his mother left and he put the boy back into the play pen and “may have been rough with him,” the affidavit said.

“(DeBeir) demonstrated how he threw him into the crib,” it said. “He was not sure of the height from which he tossed (the boy. DeBeir) said he through the (the baby) had hit his head on the toy turtle that was in the crib.”

In court filings leading up to the trial, defense has motioned that testimony or evidence of DeBeir’s prior criminal record.

The prosecution responded that it doesn’t intend to offer any evidence of DeBeir’s “prior drug related convictions.”

By Chris Baldus cbaldus@charlescitypress.com