GREENVILLE, Mo. -- A Wayne County judge this week is expected to review the case of a Piedmont, Mo., man charged with causing serious injuries to his infant daughter by shaking her.
Justin L. Rogers, 22, is not expected to appear Thursday before Associate Circuit Judge Randy Schuller on two felonies of first-degree assault, but Schuller is expected to look over his case, according to Wayne County Prosecuting Attorney Robert Ramshur.
Rogers currently is in the South Central Correctional Center in Licking, Mo., where he is serving a 10-year sentence on the Class B felony of distributing a controlled substance.
Schuller had sentenced Rogers in April after he pleaded guilty to the drug charge and recommended he be placed in a 120-day shock incarceration program. Probation and Parole officials at the institution housing Rogers reportedly prepared a report for Schuller, who subsequently denied his release during a July hearing.
The new charges against Rogers alleged on Feb. 27, he "knowingly caused serious physical injury" to his then 3-month-old daughter by "striking her head against a door frame" and by "shaking her."
On Feb. 27, the infant was taken to Poplar Bluff Regional Medical Center by her parents, Rogers and Sheena Usher, according to Missouri State Highway Patrol Cpl. Jeremy Weadon's probable cause statement filed with the court.
The infant was treated in the emergency room and transferred to Cardinal Glennon Children's Hospital in St. Louis, Weadon said.
"Dr. Steve Laffey treated her in the emergency room, then completed an affidavit stating he believed the injuries to [the infant] gave him probable cause to suspect abuse/negligence on the part of the child's parents, legal guardians or caretaker," Weadon explained.
In his affidavit, which is attached to the court file, Laffey said, he found the baby to be suffering from anoxic [reduced oxygen supply] brain injury, with midline shift; bilateral retinal hemorrhages; bilateral infarctions [tissue death following cessation of blood supply] in the brain; and right temporal parietal skull fracture.
Laffey described the bilateral infarctions as being an old injury, and also found the baby had what he described as healing rib fractures, involving ribs No. 10 and No. 11, on her left side.
In Laffey's affidavit, he said, he found the baby's biological parents to be the sole caregivers, with her father being the primary caregiver, and "no adequate explanation for the physical findings."
Rogers, after being told of his rights, was interviewed March 3 by Weadon and patrol Sgt. Scott Rawson.
"During the interview, Rogers admitted he was home alone" at his residence in the 600 block of North Main Street with his daughter, Weadon said.
"[The baby] was crying, and he could not get her to stop," Weadon said. "He shook her once, then was going to make her another bottle.
"He shook her again; this time, it 'was not a little shake;' it was a big one. Then, he bumped her head against the door real hard."
Weadon described Rogers' statement as being "consistent with the injuries outlined in Dr. Laffey's affidavit."
Authorities report most of the injuries to the infant, who is now 13 months old, are likely permanent, including blindness caused by the retinal hemorrhages.
She reportedly remains in foster care under the supervision of the Missouri Children's Division and Wayne County Juvenile Court.
Pertinent address:
Greenville, MO
600 N. Main St., Piedmont, MO
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