A Fayette County man was arrested Nov. 13 on charges of felony murder in the Nov. 5 death of his 10-week-old son.
Justin Carl Marshall, 27, was charged with felony murder and cruelty to children 1st degree, according to Sheriff Barry Babb. The cause of death was non-accidental trauma that was determined to have occurred during the time frame while the infant was alone in his father’s care, Babb said.
Babb said deputies at approximately 2:42 p.m. on Nov. 5 responded to a report of a baby not breathing at a residence at 120 Woodstream Point off Lester Road. Paramedics were on scene treating 10-week-old Justin C. Marshall, II when deputies arrived, Babb said.
“The infant was transported by ambulance to Piedmont Fayette Hospital where baby Justin was pronounced dead,” Babb said. “It was determined the baby showed signs of injuries consistent with
physical abuse.”
During the initial investigation at the scene, Justin Carl Marshall returned as wanted for misdemeanor probation violation from the Judicial Correction Services in Fayette County and was arrested on that charge as well as misdemeanor possession of marijuana, said Babb.
Marshall’s wife, 21-year-old Tabitha Marshall, the baby’s mother, was also arrested on scene for misdemeanor possession of marijuana, Babb said.
On Nov. 13, after continued investigation and preliminary autopsy reports, sheriff’s detectives obtained arrest warrants for the baby’s father, said Babb.
Marshall is being held in the Fayette County Jail.
