HAGERSTOWN — A delayed autopsy report prompted a Washington County Circuit Court judge on Tuesday to postpone the trial of a Hagerstown man who is charged in the October 2011 death of a 2-year-old boy.
Washington County Circuit Judge M. Kenneth Long set Brian Michael Miller’s trial date for Sept. 11.
Miller, 33, of 360 Buena Vista Ave., is charged with 16 counts, including first-degree murder, second-degree murder and manslaughter in the death of Logan Sellers, according to court documents.
Washington County Assistant State’s Attorney Brett Wilson asked Long during a hearing Tuesday morning in Circuit Court to grant a continuance of the trial.
Wilson said initial autopsy results showed that Logan Sellers had multiple brain injuries, which caused the Chief Medical Examiner’s Office in Washington, D.C., to call in a neuropathologist for further examination of the boy’s brain.
Logan was transferred to Children’s National Medical Center in Washington, D.C., after being treated at Meritus Medical Center east of Hagerstown. He died Oct. 10, 2011.
Wilson said he needed to ask for the continuance because the state needed the autopsy report to strengthen its case.
“We have nothing in writing,” Wilson said. “Without the autopsy report ... We just can’t go forward. We’re at the mercy of the medical examiner’s office.”
Long told Wilson he would write a letter on behalf of the prosecution in an effort to nudge the medical examiner’s office into completing the autopsy.
Long said he likely wouldn’t grant another continuance request by the state because doing so might violate Miller’s right to a speedy trial.
Miller told Hagerstown police that the incident occurred on the evening of Oct. 5 at a home at 133 McComas St., according to the application for statement of charges. Miller claimed that he grabbed Logan and pushed the boy to the floor after the child “trashed” an upstairs bedroom.
Police listed Miller's address as 360 Buena Vista Ave. in Hagerstown, but the documents said he was living with Logan’s mother, Amanda Sellers, at the McComas Street home and was taking care of the boy.
Amanda Sellers told police she had gone to school earlier in the afternoon and left her son with Miller.
According to court records, Miller told Amanda Sellers that he carried Logan downstairs and put the boy on the couch while he prepared dinner. Miller said he later called 911 when he noticed that Logan had stopped breathing.
Logan was taken to Meritus Medical Center by Miller on Oct. 5, the charging documents said. Medical staff told police that Logan “had a bleeding brain injury and his cardiovascular functions were being assisted by medical equipment,” court documents said.
Logan was flown to Children’s National Medical Center, where a doctor said Logan had swelling of the brain “as well as what he believed was a lack of oxygen to the brain for a period of time,” the documents said.
The medical staff at Meritus took photographs of Logan’s injuries, which showed bruising and abrasions to his face, according to records.