By DON AINES
7:08 PM EDT, October 11, 2012
Investigators heard varying stories from the mother of an injured baby boy and her boyfriend before charging the boyfriend with first-degree child abuse resulting in severe physical injury, according to charging documents filed in Washington County District Court.
David Michael Malekar, 25, of 18808 Preston Road, Hagerstown, is also charged with first- and second-degree assault, second-degree child abuse and reckless endangerment.
“He’s actually doing well. He’s out of the hospital,” Assistant State’s Attorney Brett Wilson said Thursday of the 13-month-old child.
Malekar was in jail on $150,000 bond and is scheduled for a preliminary hearing on Nov. 7.
The boy sustained a fractured skull on Oct. 3 and was taken to Meritus Medical Center near Hagerstown, which reported the injury to the Washington County Department of Social Services, according to the application for statement of charges filed by the Sheriff’s Office.
The child and the mother were airlifted to Children’s National Medical Center in Washington, D.C., where the mother was interviewed on the morning of Oct. 4 by a Washington County Child Protective Services investigator and a Hagerstown police detective, the charging document said.
A Sheriff’s Office detective later entered the case because it was in the office’s jurisdiction, the charging document said.
The mother repeatedly told investigators she did not know how her son was injured, although she said the child banged his head on a computer tower, the charging document said. The mother also told investigators the child might have banged his head in the crib.
She told investigators she noticed swelling to the boy’s head and face when she woke him from a nap, the document said.
The woman later told investigators that Malekar was playing video games in one room while the child was sleeping in another. The woman was lying down in another room when she heard a loud noise in the baby’s bedroom.
Malekar told the mother it was an accident, the charging document said.
When interviewed by police, Malekar said he was spinning the boy when he lost his footing and the child’s head hit the computer tower, the charging document said. He said the mother witnessed the injury, the document said.
The mother later told investigators the baby was crying in his room and she heard Malekar go into the room followed by the loud noise, the charging document said.
Investigators asked the mother to explain a text message from a relative telling her not to tell police the injury happened at the relative’s home, the charging document said. The mother told investigators she asked the relative to allow her to tell police it happened at the relative’s home so police would not think she hurt her son, the document said.
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