COUTURE MILBRY - 35 Days/ Accused: Father-Oscar - Palm Bay FL

(Palm Bay)-- A Brevard County Grand
Jury has indicted a father for first-degree murder and aggravated child
abuse for the death of his infant daughter that occurred in May.


Oscar Milbry, III., (DOB 10/16/1989) was subsequently arrested early Wednesday morning and will
face a judge at the Brevard County Detention Center at 1:15 p.m. today.

He is currently held without bond.

On May 20th at approximately 4 p.m., Milbry took the 35-day-old infant to the McDonald's located at
132 Malabar Rd. SW. Milbry said the baby was choking.

The baby's mother called 9-1-1 and the infant was airlifted to the hospital where she was pronounced deceased at 5:20 p.m.

The investigation determined that Milbry was the only person caring for the child at the time the
incident occurred. Milbry told detectives he was home playing video
games while his daughter drank a bottle of milk. He told detectives the baby began choking.

Milbry described his attempts to render aid to the infant as "hitting her on the back" and giving
rescue breaths. When the baby failed to respond, Milbry panicked and
drove to the McDonald's where the mother was working and called for help.

An autopsy conducted by the medical examiner showed no evidence of choking and Mr. Milbry's
statements as to what occurred were inconsistent with the medical
findings. The medical examiner determined the cause of death to be the
result of shaken baby syndrome.

A grand jury convened on Tuesday
and heard the medical testimony along with testimony from police
detectives and determined there was sufficient cause to pursue charges
of first degree felony murder and aggravated child abuse. Once the
indictment was returned an arrest warrant was issued.

Officer Justin Hill located Milbry at approximately 3 a.m. Wednesday as the suspect was riding his
bicycle with no headlights along Malabar Road.

As Officer Hill checked out Milbry he learned of the arrest warrant and Milbry was immediately
taken into custody without incident.

"The indictment is the result of a lot of diligent work and cooperation with the State Attorney's
Office," said Detective Mike Pusatere. "Hopefully this will bring
justice for an innocent victim and help the family begin to heal from this tragic incident."

Milbry faces life in prison if convicted.
http://news.brevardtimes.com/2011/10/palm-bay-father-indicted-for-murder-of.html