APPLETON, Wis. (WFRV) – A 35-year-old Appleton man was charged with first-degree reckless homicide stemming from the death of a one-month-old child in 2010, according to a criminal complaint.
The criminal complaint alleges that Michael Donnelly on or around Thursday, April 29, 2010, recklessly caused the death of a one-month-old baby under ‘circumstances which show utter disregard for human life.’ If convicted, Donnelly faces up to 60 years in prison.
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The complaint said that the initial report came in around 1:52 a.m. on April 29, 2010, when an officer responded to 1010 1/2 North Richmond Street in Appleton for a one-month-old not breathing.
Donnelly, who was inside, told the officer to come in as a person, identified as a woman, pulled up in the driveway. She was reportedly coming from work.
The officer reported that Donnelly and the infant were the only ones inside. The victim was lying on his back in a pajama suit and didn’t appear to be injured, but his lips were blue and he was unresponsive.
The officer attempted CPR but reported that there was no breathing or circulation responses. Donnelly was allegedly panicking and unsure of what to do.
A later autopsy revealed that no anatomic cause of death was present, but that there was pulmonary edema in the lungs, petechiae hemorrhage to the forehead, red marks to his right forehead and no other traumatic injuries. The criminal complaint said it would be consistent with a co-sleeping death.
A search of the residence reportedly revealed multiple empty cans of beer and two dirty diapers in the kitchen garbage, one filled with feces and the other with urine.
The woman who pulled up in the driveway said she left for work around 5 p.m. the night before, and that Donnelly and the victim were the only ones at home when she left. She added that the victim had no problems with birth nor any health issues since.
She alleged that Donnelly called her, asking her to come home. Subsequent interviews and phone record reviews revealed that Donnelly made four phone calls from 1:18 a.m. to 1:49 a.m.
A later interview with Donnelly allegedly caused suspicion among investigators as Donnelly reportedly asked where the investigation was heading and seemed ‘worried about any criminal culpability.’
Donnelly said during this interview that he fed the victim at 11 p.m., changed him, allegedly laid down with him on the couch and fell asleep quickly. He reportedly moved the child to a car seat and said the victim had not moved or cried while being moved.
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He allegedly fell back asleep and woke up, realizing something was wrong, and immediately called the woman to tell her to come home, but didn’t explain further. He called his father and said the victim was not breathing.
This story will be updated by Local 5 as more details arise.
