LOGAN BOYER - 2.5 months - Oshkosh WI

A 25-year-old Oshkosh man faces two felony charges after his girlfriend's young son died of traumatic brain injury.
David L. Reimer was charged Tuesday with first-degree reckless
homicide and child abuse. The charges carry a maximum penalty of 70
years in prison and a $25,000 fine.Authorities say 2 1/2-month-old Logan Boyer was found unconscious and
not breathing in May, the morning after he was left in Reimer's care.
Logan died four days later. An autopsy revealed multiple rib fractures, a broken arm and head injuries. Reimer told authorities he found the baby slouched over in a baby seat in the morning and called an ambulance. The state public defender's office in Appleton said Wednesday a defense attorney has not yet been assigned to Reimer.

A man accused of killing an
ex-girlfriend’s baby he was caring for overnight tried to reach her
with 22 phone calls in 19 minutes before he dialed 911, police say.
Officers later found the mother at another man’s house and told her the boy was near death at a hospital. David Reimer, 25, of Oshkosh, is charged with first-degree reckless homicide and child abuse in Logan Boyer’s death. At
a preliminary court hearing for Reimer on Friday, the boy’s mother,
Brittany Boyer, 20, said she last saw Logan about 11 p.m. May 17 after
Reimer picked her up from work and drove to their N. Richmond Street
residence.Boyer, who described Reimer as an
“ex-boyfriend,” said there was nothing unusual when she left the boy in
his care for the night. She said she changed her son’s diaper and he
drank from his bottle.“He was in regular condition when I
left, and when I saw him in the hospital the next morning he wasn’t
even able to breathe on his own,” she said.Boyer said
when she left she first visited a couple who had babysat the boy
earlier in the day, then she went to another man’s house. She said
police arrived there about 9 a.m. and told her Logan was in the
hospital.The boy died May 22 at Children’s Hospital of
Wisconsin of “traumatic brain injury,” according to a pathologist who
conducted an autopsy.Reimer, who is not the boy’s father,
said that early May 18, he awoke to find Logan slumped over in a baby
seat. The child had no pulse and was not breathing.Appleton
Police Detective Mike Nofzinger testified that Reimer used his cell
phone to call Boyer’s cell phone and the couple’s house where she had
been visiting. Then, Reimer called for emergency help about 8 a.m.The
preliminary hearing — to determine if there is sufficient evidence to
send the case to trial — was adjourned to Sept. 17 to hear testimony
from the pathologist.

Prosecutors say David Reimer was well aware of how fragile infants are
because he had contact with child protection officials in the past.
Defense attorney Len Kachinsky said it's not a sufficient reason to
discuss a 2006 child abuse investigation in Reimer's homicide case in
last year's death of 2-month-old Logan Boyer. The risk that the
information could bias jurors far outweighs any usefulness the evidence
would have at trial, he argued.
Reimer, 25, of Oshkosh, appeared in Outagamie County Court Thursday
on charges of first-degree reckless homicide and child abuse in Boyer's
death. Boyer was in Reimer's care May 18 when he sustained traumatic
brain injury.Attorneys made arguments Thursday whether a 2006
Winnebago County child abuse investigation centering on injuries to
Reimer's then-infant son should be admissible at trial. Kachinsky also
argued that he should be able to present a theory that someone else was
responsible for the injuries that killed Boyer.Judge Nancy
Krueger didn't immediately make a decision on either issue.Outagamie
County Dist. Atty. Carrie Schneider hasn't had full access to the 2006
Winnebago County files. She said the reckless homicide charges requires
she prove Reimer was aware his conduct posed risk of death or great
bodily harm. Being able to show Reimer went through counseling or
otherwise received county services related to a child abuse
investigation is relevant to the case."That clearly goes to his
knowledge of his actions on May 18," she said.Kachinsky said the
2006 case wouldn't be necessary to show Reimer's level of awareness of
risks. It's common knowledge that force to the head creates a risk of
injury or death. Further, the 2006 investigation didn't point to Reimer
as the person responsible for his son's injuries."This evidence
really doesn't link Mr. Reimer up to any sort of misconduct," he said.A
medical examiner earlier testified that in addition to the brain
injury, Boyer had 21 fractures to his ribs in various stages of healing,
plus a fresh fracture to his right upper arm, caused by "either pulling
or twisting."Boyer was in Reimer's care on the night of May 17
into the morning of May 18, but also was around his mother before she
went out for the night, and two other people at some point that evening,
court testimony has said.Kachinsky asked to argue that a third
party — potentially Boyer's mother — could have inflicted the injuries.
Boyer's mother was under a lot of stress as the sole provider for the
household, which may have led to frustration. No one is saying the child
was intentionally injured."I believe the state is making the
same accusation of David Reimer, in one respect," Kachinsky said.Schneider
said the argument wouldn't fit the evidence. An expert will testify
that Boyer's injuries were so significant they would have shown
immediately after being inflicted."Only the defendant had access
to him," she said.Krueger on Thursday sought additional
documentation from the attorneys to assist her in ruling on the motions.
No timetable was set on when decisions would be issued.Reimer,
who is jailed on a $100,000 cash bond, is scheduled to go on trial June
22.

An Oshkosh man has changed his plea on charges he caused the death of
a 2-month-old baby.



25-year-old David Reimer pled no contest to homicide and child abuse
Wednesday. Authorities were called to an Appleton home in May for a
report of a baby that had no pulse and wasn't breathing.
Investigators believe Reimer shook Logan Beyer to death. Reimer will
be sentenced on July 23.

Family members of infant Logan Boyer huddled closely with tear-filled
eyes Wednesday as David L. Reimer made an admission they waited for more
than a year to hear.
Outagamie County Dist. Atty. Carrie Schneider gave a synopsis of the
traumatic injuries that led to the baby's death. She cited medical
reports that showed the injuries could only have occurred when Reimer
was the only one around Boyer.Reimer never told police how the baby suffered the
injuries, but no one else could have been responsible, Schneider said.Judge Nancy Krueger
turned her eyes to the defense table after Schneider concluded her
presentation of the facts."Are they substantially true and correct?" she asked
Reimer."Yes," he
said.Krueger
found him guilty on two counts.Reimer, 25, of Oshkosh entered no contest pleas to
felony charges of second-degree reckless homicide and child abuse on
Wednesday in Outagamie County Court. The hearing came as result of a
plea agreement. Reimer was initially charged with child abuse and
first-degree reckless homicide in the 2009 death of the Appleton infant.The case had been
slated for a jury trial later this month.Schneider said the pleas gave some relief during a
difficult time for the baby's family. Boyer, who was 21/2 months old,
was found unconscious and not breathing on May 18, 2009, after being
left in the overnight care of Reimer."We just had the one-year anniversary a few weeks
ago," she said.The
boy died at Children's Hospital in Milwaukee four days after emergency
crews responded to the 911 call.An autopsy revealed multiple rib fractures in various
states of healing, a fracture in the boy's upper arm and head trauma.
The cause of death was listed as traumatic brain injury.Reimer was the boyfriend of the child's mother, and
he isn't the father.Krueger
had additional security in the courtroom on Wednesday due to the
emotional nature of the case.One of Reimer's supporters was warned by an officer
after getting Reimer's attention and whispering, "don't take the plea."
Defense attorney Len Kachinsky said that after extensive work with his
client in recent weeks, he was convinced the pleas were made
intelligently, and were in Reimer's best interests.
Boyer had been in the care of another couple on the day before his
injuries, the criminal complaint says.Reimer picked up the baby around 9 p.m. and then
picked up the boy's mother from work at 10:15 p.m. The mother then
dropped off Reimer and the baby at their Richmond Street residence and
left for the night.Reimer
told police that the next morning he found Boyer slouched over in a
baby seat, not moving, and called an ambulance.A doctor determined that Boyer's injuries could have
happened no longer than five hours before he fell unconscious and he was
in Reimer's care that entire time, Schneider said.The homicide charge carries a maximum $100,000 fine
and 27 years of imprisonment, while the child abuse charge carries a
maximum $25,000 fine and 12 years of prison.Under the first-degree reckless homicide count
initially charged, Reimer would have faced a maximum 60-year term.As part of the plea
agreement, Schneider will be free to argue for the sentence she feels
appropriate, though the defense cannot argue for anything less than
seven years in prison. Schneider said she plans to ask for a lengthy
prison sentence.Reimer
will be sentenced on July 23.

An Oshkosh man sentenced to 14 years in prison for inflicting fatal
injuries on his girlfriend’s baby never spoke during his sentencing
hearing Friday, but the baby’s family members unleashed their anger and
grief.
Logan Boyer was 10 weeks old when David L. Reimer, who was
baby-sitting the boy overnight, caused the injuries that killed him.
Reimer, 26, remained silent at his sentencing, never explaining what
happened the night of May 17-18, 2009, but one doctor reported the
injuries were the same as would occur if a person held a baby by its
legs and swung it into a wall.Members of Logan’s family
cried and consoled one another throughout the sentencing hearing for
Reimer’s conviction of second-degree reckless homicide. Logan’s
grandmother, Ronda Rathsack, called Reimer “profound evil” when she
addressed the court. Outagamie County Dist. Atty. Carrie
Schneider said most anyone in Reimer’s position would feel horror or
show some level of remorse.“We have not seen this from this defendant at any point,” she said.Schneider sought a 17-year prison sentence, citing the brutality of the child’s injuries.Logan
was found unconscious and not breathing after Reimer called 911.
Medical reports say the infant’s symptoms would have been immediately
evident to an adult, and Reimer acknowledged he had been alone with
Logan.At 10 weeks old, babies aren’t yet able to roll over completely, Schneider said. Only some are able to pick up their heads.“They
are completely dependent on those around them – 100 percent,” Schneider
said. “I can’t imagine the pain Logan went through.”The boy died at Children’s Hospital in Milwaukee four days after emergency crews responded to the 911 call.“I
can’t imagine anything more difficult for a parent than the loss of a
child,” Judge Nancy Krueger said, “and particularly under these
circumstances.” An autopsy revealed multiple rib fractures
in various states of healing, a fracture in the boy’s upper arm and
head trauma. The cause of death was listed as traumatic brain injury.
Reimer previously had been investigated by child protection officials
because of injuries his son had suffered. Reimer was ordered to undergo
an anger management course.“It has had no impact on him at all,” Schneider said.Defense
attorney Len Kachinsky said Reimer didn’t intentionally injure Logan.
Instead, he snapped under a level of stress that society relies on
adults to handle, Kachinsky said. “David failed that test,” Kachinsky said. “He failed it miserably.” Reimer sat silently during the sentencing. Logan’s mother also declined to speak. She was too grief-stricken, Schneider said. Reimer
will spend six years on extended supervision once he’s released from
prison. He’ll serve another six years on probation once his extended
supervision expires. Schneider said Logan’s family struggles with grief that’s as raw as it was after he died. They didn’t expect to find relief at Reimer’s sentencing, Schneider said. “They still feel pain every day.”