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Toddler death case charge upgraded to murder

Keith Cousins | Hagadone News Network | UPDATED 8 years, 2 months AGO
by Keith Cousins
| September 9, 2016 9:00 PM

COEUR d'ALENE — Joseph John Davis was charged Thursday with first-degree murder in the death of 17-month-old Maliki Wilburn.

Davis, Maliki's 31-year-old stepfather, faces life in prison if he is found guilty of the offense. He was also charged with aggravated battery for allegedly inflicting a fatal head injury to the child. During a hearing in Kootenai County District Court Thursday afternoon, Magistrate Mayli Walsh denied a motion by Davis's public defender to not allow the prosecutor's office to file the new charges.

Medical personnel and Coeur d'Alene Police Department officers were called to the Fifth Street basement apartment where Davis lived with his wife, Dacia Cheyney, and her son, Maliki, on Aug. 26. The infant was experiencing breathing difficulty and showing signs of obvious head trauma, according to court records.

Davis was arrested and later charged with felony injury to a child. Maliki was transported to Kootenai Health, then sent by Life Flight to Sacred Heart Medical Center in Spokane, where he was pronounced dead on Aug. 28.

Upon learning that Maliki succumbed to his injuries, prosecutors announced their intent to amend the charges against Davis.

Davis, according to police reports, told investigators multiple times that he did not know how Maliki was injured. Davis said he was in the bathroom for a few minutes when he heard the toddler crying and "screaming." At one point, Davis allegedly told investigators he went to check on Maliki and the child was on the floor with his blanket, crying, but apparently dozing off.

The reports add that Davis allegedly commented that the boy sometimes climbs on a table and may have fallen from it.

According to a police report, Dr. Cooper-Flaigle, at Sacred Heart, told investigators that in her medical opinion, Maliki's injuries were not consistent with accidental trauma. A probable cause declaration completed by Coeur d'Alene Police Officer Amy Niska indicates that an unknown weapon was involved.

A preliminary hearing in the case has been scheduled for Sept. 22 in Kootenai County District Court.

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