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Germantown, Md., man charged in Jefferson County baby's death

May 02, 2008|By DAVE McMILLION

CHARLES TOWN, W.Va. -- A Sept. 3 trial date has been set for a Germantown, Md., man charged in the death of a 2-month-old boy who had injuries consistent with "shaken baby" syndrome, according to court records and officials.

Michael Todd Cox, 40, of 22740 Ridge Road, was indicted on a charge of child abuse by a custodian resulting in the death of a child by a Jefferson County grand jury that reviewed the case April 17, according to Jefferson County Circuit Court records.

Cox moved to Jefferson County last year and met the mother of the child who died, said West Virginia State Police Sgt. David Boober, who investigated the case.

Kathy Whitmore was pregnant with the child when she met Cox, Boober said.

Cox moved in with Whitmore and the child's great-grandmother, and Boober said he believes the injury to the child occurred in a house along Kabletown Road where the three lived.

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Boober said it was determined that only Cox, the child's mother and the great-grandmother had come in contact with the baby on Dec. 6 last year, the date in which the incident occurred, according to a criminal complaint field in circuit court.

The great-grandmother, Mary Fowler, saw the baby about 3:30 p.m. and noticed "unusual and concerning behaviors" from the boy, the complaint states.

The baby was cold to the touch and had a droopy right eye, the complaint said.

The baby, identified as Colton Lee James, had injuries consistent with "shaken baby" syndrome and was flown to Georgetown University Hospital, Boober said. The baby died Dec. 10, Boober said.

Cox provided a lengthy statement and Boober said he was able to identify more than a dozen inconsistencies and inaccuracies in the statement.

Cox is free on $100,000 bond.

According to the complaint, Cox was convicted of voluntary manslaughter after he was arrested in 1992 in the death of an 11-month-old girl. That case closely resembles the details of the James death, Boober said.

It was not clear where the 1992 incident occurred.

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