ROWAN ROSE WARNER - 6 Weeks - (2010) Bedford County (E of Roanoke) VA

Bedford County sheriff’s detectives are
investigating a separate report of child abuse at the same home where
they charged a father in the death of his 6-week-old daughter last week.

Josh Warner is charged with second-degree murder in the death of the
infant, Rowan Rose.

A search warrant for Warner’s residence on file in Bedford County
Circuit Court claims Warner told investigators he found the baby
bleeding from the mouth and nose. One of the investigator’s handwritten
notes on the search warrant reads that the baby’s neck had been broken.

Deputies took several items of bedding and clothing from the home,
according to an inventory on the court papers.

Investigators declined to reveal which child was the focus of the
investigation, but Bedford County sheriff’s Lt. Kyle Williams said it
was a child separate from Baby Rowan. The infant had two older half
brothers living in the home.

The eldest half brother, Hunter, is in the care of a foster family, according to his father, Richard Knisely.

Knisely has temporary custody of the other child, 2-year-old Mason.

Prosecutors say they cannot rule out that a
six-week-old Bedford County girl died accidentally but still believe
they have a case against the man accused of her death.

Deputies arrested Josh Warner, the child’s father, May 21 and charged
him with second-degree murder. A handwritten note on a search warrant
filed by a Bedford County Sheriff’s Office investigator said the child’s
neck was broken.

On Thursday, prosecutors said they could not rule out that baby Rowan
died accidentally, based on the preliminary autopsy evidence, which
found no sign of any trauma to the brain, no head injury and no broken
neck.

Prosecutors say they still have a case because of potentially
incriminating statements that Warner made to investigators.

The prosecution said those statements are:

• “I can see myself shaking Rowan.”

• “I understand I’m responsible for my daughter’s death.”

Warner’s defense attorney claims the statements are a classic case of
a false confession.

During a bond hearing in Bedford County Juvenile and Domestic
Relations Court on Thursday, a judge denied Warner bail in the case and
recommended Warner be brought back for another hearing once the final
autopsy on baby Rowan’s body is complete.

Wes Nance, the lead prosecutor in the case, said it could take a
minimum of five weeks to get toxicology reports taken from the baby back
from the State Medical Examiner’s Office.

Warner had about half a dozen family members in court Thursday from
Connecticut and Tennessee.

Monday, 30 August 2010
SIDS: Charges dropped in Virginia
BEDFORD, Va. —

A murder charge has been hanging over a Bedford County father since his infant daughter died earlier this year.

Tuesday, a judge dismissed Joshua Warner's case. All charges were dropped.

It's a situation where the criminal investigation didn't match up with an autopsy.

Prosecutors say they didn't have evidence to prove Joshua Warner was guilty of killing his daughter. Warner says that's because he was innocent all along.

"Don't believe everything you see on TV or read in the papers," says Warner, who believes investigators and the public were too quick to judge him.

"I just always knew I was innocent and I really would just like to get home and mourn the loss of my daughter after so much," says Warner.

His six-week-old daughter, Rowan, died in May.

The infant was at a home in Bedford with Warner and his fiancé, Ashley Breyette, who is Rowan's mother.

The two were laying in a bed with Rowan when they noticed she was turning blue. The baby girl was rushed to Bedford Memorial Hospital, where she died.

"From the very first moment, there's no way this was done by either of us," says Breyette.

At the emergency room, staff noticed what they thought were suspicious injuries. They notified the Sheriff's office, which started its own investigation.

In a search warrant, one investigator notes: "the infant's neck was broken."

"The information that we thought we had concerning traumatic injuries, or apparent traumatic injuries to the child at the time of Mr. Warner's arrest, were not borne out by the autopsy," says Bedford Deputy Commonwealth's Attorney Wes Nance, who was prosecuting Warner's case.

An autopsy revealed Rowan's death was likely an accident, caused by Sudden Infant Death Syndrome (SIDS).

"The autopsy came back with an inconclusive cause of death, but certainly not the severe trauma we thought we had," says Nance.

Warner and Breyette say the real trauma has been to their family and they're anxious to move on.

"I wish I'd been proven innocent, but I would rather it end this way than any other way," says Warner.

Prosecutors say they don't plan to pursue any other charges against Warner or Breyette for Rowan's death.

ORIGINAL STORY

Charges have been dropped against a Bedford County father, accused of killing his six-week-old child.Joshua Warner was facing a homicide charge for the death of his daughter in May. Bedford County Judge Louis Harrison dropped the case against Warner Tuesday morning.

The action was recommended by Deputy Commonwealth's Attorney, Wes Nance, who was prosecuting the case.

Nance told Judge Harrison that the commonwealth's case was based on a criminal investigation that could not be corroborated by the victim's autopsy, which showed the girl's death was not criminal in nature.

Nance says the death was likely "a tragic accident" and says further charges will not be pursued against Warner.

http://www.wdbj7.com/news/wdbj7-story-bedford-dad-082410,0,1614148.story

http://shakenbabyandsuddeninfantdeath.blogspot.com/2010/08/sids-charges-dropped-in-virginia.html