Man who claims boy choked on Pop Tart charged with murder
DAYTON, Ohio - An Ohio man who called police to say his girlfriend's child apparently "choked on a Pop Tart" is now charged with murdering the child, reports CBS affiliate WHIO.
Justin Payne, 26, was initially arrested Saturday on a felonious assault count. Montgomery County Prosecutor's spokesman Greg Flannagan said Tuesday that Payne is now charged with murder, involuntary manslaughter and two counts of endangering children.
Payne called 911 from a Dayton apartment on Saturday morning to say his girlfriend's 2-year-old child apparently "choked on a Pop Tart" and was unresponsive. The coroner's office said the child, Jacob Barker, died Sunday. The cause of death hasn't been determined.
Records show Payne pleaded no contest in June 2012 to a child endangering charge involving an infant and was released in November. Court records show that child was less than 2-months-old and suffered serious injury, but survived and is now 4-years-old.
Court records show that in that incident, Payne allegedly broke the child's ankle, ribs and fractured the child's skull, reports WHIO.
Court records Tuesday didn't show a current attorney for Payne, who was on probation at the time of his Saturday arrest. His arraignment on the new charges was pending.
The boy's funeral services are scheduled for Thursday.