Published: November 26, 2008 10:57 pm      

Boyfriend charged in infant’s death

Derrick Fox faces a felony charge of neglect resulting in death

The death of 11-month-old Malaki Lindley was no accident.

Kokomo police said he died as a result of blunt force trauma while in the care of his mother’s boyfriend, Derrick A. Fox.

Police arrested the 28-year-old Wednesday afternoon after obtaining a warrant for a Class A felony neglect of a dependent resulting in death.

Malaki, who lived at 606 S. Washington St., died at 7:40 p.m. Sunday at Riley Hospital for Children in Indianapolis. Fox was the live-in boyfriend of the infant’s mother, Katie Lindley, and was caring for the child.

When interviewed by police, Fox said he dropped Katie Lindley off at work about 7 a.m., and then drove to the area of Hoffer and Main streets where he purchased a “dime bag” of marijuana before returning home with Malaki and Fox’s two daughters, according to police reports. The children were in the back seat of the car while Fox bought and smoked the pot inside a residence, police said.

When they returned home, he said the infant was on the sofa and became “fussy” when he picked him up. Fox said the infant arched his back and “jumped” out of his hands. He said the infant fell, striking his head on an end table and then falling to the floor, according to a probable cause affidavit filed Wednesday in Howard Circuit Court.

Fox said Malaki cried for about 10 seconds, threw up and went limp. Fox then said he began “smakin’ him, like shakin’ him” and the infant was still not responding, the affidavit read. Fox said he tried to revive Malaki for about 4 to 7 minutes before driving to pick up Katie Lindley and then to Howard Regional Health System. After initial treatment, the infant was airlifted to Riley Hospital for Children in Indianapolis for further treatment.

Police ruled the death a homicide after an autopsy conducted Monday by the Marion County Coroner showed the baby died of blunt force trauma.

Dr. Joyce Carter, a forensic pathologist, ruled the death homicide after noting numerous bruises on the infant’s face, ears, torso and top of the head, the affidavit stated.

The infant also had a broken right clavicle in a stage of healing the ranged the date of injury to be a few days to a week ago.

Dr. Ralph Hicks, Riley Child Protection Team, conferred with the medical reports and said that Malaki’s injuries were not consistent with Fox’s explanation and were “non-accidental injuries,” court documents said.

If convicted, Fox could be punished by up to 50 years in prison. He remains incarcerated in the Howard County jail without bail. His arraignment is expected to be next week in Circuit Court.