AIDEN HOYER - 4 Months - Rochester MN

ROCHESTER, Minn. -- A 25-year-old man was arrested in Rochester Monday
in connection with the death of a 4-month-old baby.
The man, who was arrested by Rochester Police at about 1 p.m., is
alleged to have been residing with the child's 21-year-old mother and a 30-year-old male.
Police say the three live in the 500 block of 36th St. W., where the
baby's death, which happened around 1 a.m., allegedly occurred.
Police say both the 21-year-old mother and the 30-year-old male were
at the residence, but at the time of death, were not believed to be
providing direct care to the infant. Authorities were called to the
residence early Monday morning after the baby reportedly wasn't breathing.
The 25-year-old man who police arrested was allegedly caring for
the child when the death was believed to have occurred.

Observations at the scene by Police indicated that the child suffered
from visible signs of trauma and preliminary autopsy results are pending.
Police say it is unlikely that there will be further arrests, and the investigation is ongoing.

http://www.kare11.com/news/article/906026/391/Man-arrested-after-4-month-old-found-dead-in-Rochester

Man charged with murder in baby's death

ROCHESTER, Minn. (FOX 47) -- A Rochester man is facing murder charges in connection with the death of a four-month-old baby Monday.

25-year-old Michael Roy Smith is charged with one count of second degree murder without intent in the death of Aiden Hoyer.

According to the criminal complaint, Smith returned drunk from a Superbowl party Sunday night to his home on the 500-block of 36th street southwest, which he shares with Aiden's mother, as well as the home owner.

Smith told investigators when Aiden started crying, he picked him up from his crib to try to calm him down.

Smith admitted to throwing Aiden back into his crib from a distance of about two to three feet, shaking the baby and "playing bongos" on his stomach to try to calm him.

He also admitted to placing a pillow on Aiden's face.

Paramedics later noticed suspicious injuries on the baby's body and an autopsy revealed Aiden died of blunt traumatic injuries consistent with assault.

Smith also told investigators he didn't think he was too rough with Aiden, but said he was drunk and may have been rougher than he thought.

He remains in the Olmsted County Jail and could face up to 40 years in prison.

http://www.myfox47.com/Global/story.asp?S=14006317

Probable cause/arrest warrant - [PDF] State of Minnesota County of Olmsted
http://ftpcontent.worldnow.com/kttc/Smith%20complaint.pdf

baby's obituary
http://postbulletin.com/news/stories/display.php?id=1444526

Trial date set for man accused of infant's death

Posted: Wednesday, April 18, 2012 9:19 am
By Matt Russell, The Post-Bulletin, Rochester MN

A Nov. 26 trial date has been set in the second-degree unintentional murder case focused on the death of a 4-month-old boy in Rochester.

Michael Roy Smith, 27, of Rochester, has pleaded not guilty.  According to the complaint, Smith allegedly shook Aiden Hoyer on Feb. 7, 2011, threw the infant down and placed a pillow over the boy's face to try to get him to stop crying.

In February, Judge Joseph Chase ruled that a police interrogation video will not be allowed as evidence during trial because Smith made an unequivocal demand for an attorney during questioning.

A Nov. 13 pretrial hearing has been scheduled in Olmsted County District Court.

- See more at: http://www.postbulletin.com/news/crime/trial-date-set-for-man-accused-of-infant-s-death/article_a33b031c-b7f8-5a02-a7cf-b311f3bb2661.html#sthash.xc8iuAux.dpuf

Video evidence will be suppressed in baby murder trial

Posted: Thursday, February 23, 2012 12:47 pm

By Matt Russell
The Post-Bulletin, Rochester MN

A police interrogation video will be suppressed in the trial of a 26-year-old Rochester man charged with second-degree unintentional murder in connection with an infant's death in 2011, an Olmsted County District Court judge has ruled.

The ruling by Judge Joseph Chase found that a statement by Michael Roy Smith at the Rochester police station—"Call me a lawyer now"—constituted an unequivocal demand for an attorney.

Police should not have interrogated Smith beyond that point in the early morning hours of Feb. 7, 2011, so the videotaped statements he made should be suppressed at trial, Chase said.

Smith allegedly threw four-month-old Aiden Hoyer into his crib, shook the boy, and placed a pillow over his face before the baby died on Feb. 7, 2011.

- See more at: http://www.postbulletin.com/news/crime/video-evidence-will-be-suppressed-in-baby-murder-trial/article_1a1b16e6-3c66-5f07-a570-c1787085cc56.html#sthash.8FSgCZ1v.dpuf

Man sentenced to 12 years in prison in infant's death

Posted: Friday, March 15, 2013 8:28 pm
Updated: 2:21 pm, Mon Mar 18, 2013.
Kay Fate

Almost a year to the date that he pleaded not guilty to unintentionally killing a 4-month-old child, Michael Roy Smith was sentenced to 12 years in prison.

Smith, of Rochester, had pleaded not guilty in March 2012 to unintentional second-degree murder; he pleaded guilty on Friday to an amended charge of first-degree manslaughter and was immediately sentenced.

Olmsted County District Court Judge Joseph Chase ordered Smith to serve 144 months in prison for the murder of Aiden Joseph Hoyer, with credit for 768 days served since his arrest after the Feb. 7, 2011 incident.

Before the sentencing, Smith, 27, addressed the court, saying he never intended to hurt the Hoyer family, but he had taken on "more than I was capable of handling.

"I'm glad it's finally over and all the parties involved can move on with their lives," he said. "I hope the Hoyers can try to forgive me for this very ugly chapter in our lives."

His comments followed victim impact statements from Aiden's mother, Lisa Hoyer, and his maternal grandmother, Brenda Hoyer.

Brenda Hoyer told the court she'd been Lisa's coach in the delivery room: "I was the first family member to see him, to take his first picture."

She also remembered the last time she saw Aiden: "I could still see some of the bruising on his cheeks and dried blood in his ear canal."

Brenda Hoyer's statement was read by her father, and spoke of her loss of trust in others and a subsequent battle with drugs after Aiden's death.

According to the criminal complaint, on the night of Feb. 6, 2011, Smith returned drunk from a Super Bowl party to the home he shared with Lisa Hoyer, as well as the home owner.

Smith went to bed; Hoyer went into another room to play video games. Smith told investigators when Aiden started crying, he picked him up from his crib to try to calm him down.

Paramedics later noticed suspicious injuries on the baby's body and an autopsy revealed Aiden died of head and blunt traumatic injuries consistent with assault.

Smith also told investigators he didn't think he was too rough with Aiden, but said he was drunk and may have been rougher than he thought.

- See more at: http://www.postbulletin.com/news/crime/man-sentenced-to-years-in-prison-in-infant-s-death/article_1dc6afef-2f94-5119-82f8-b1961e7021fe.html#sthash.sL7y9JDa.dpuf