The baby, , Liam Lee Spencer, died after he was found unresponsive Oct. 6 in a room at the Drake Motel, 3200 E. National Road in Springfield Twp. Bruising and other visible signs of abuse were seen on the child, Clark County Sheriff Gene Kelly has said, and his parents were arrested the same day.
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More evidence is needed to fully present the case against Brian Lee Spencer Jr. to the grand jury, according to a statement from Clark County Prosecutor Andy Wilson. Prosecutors are awaiting the results of an autopsy on the baby and the opinion of a child abuse expert on the injuries Liam sustained at or near the time of his death, the statement says.
Ohio law requires a grand jury indictment 10 days after an arrest for a felony charge, he said, or it must be dismissed.
Once more evidence is collected, Wilson said, “we will continue our presentation of this case to the Clark County Grand Jury. Justice will be done with respect to the death of Liam Spencer.”
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Brian Lee Spencer Jr. remains in the Clark County Jail on a pending misdemeanor domestic violence charge in connection with an alleged incident involving the baby’s mother, Shania Delawder.
Delawder, 19, was also charged with child endangering after the baby’s death, but that charge was dropped Oct. 12. There was insufficient evidence to present her case to a grand jury, Wilson previously told the Springfield News-Sun.
The prosecutor’s office can refile the charges against either parent or take the case directly to a grand jury in the future if more evidence is presented, Wilson said.
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