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Judge Binds Man Accused of Shaking Baby over for Trial

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The difference between shaking versus jolting a child, was just one of the many arguments in the courtroom, for a man accused of felony injury to a child.

For an hour and half the judge listened to what investigators said happened to the infant, but at the same time Derrick Tietze’s defense attorney tried to poke holes in the state’s case.

Dressed in the Nez Perce County Jail’s uniform, Derrick Tietze shuffled into the courtroom. This is the hearing where a judge will listen to investigators about what happened April third, 2017.

Detective Nick Eylar said, "He was watching both children probably from about eight o'clock in the morning until approximately three in the afternoon."

Lewiston Police Detective Nick Eylar said Tietze was watching the baby, and his own child, while waiting to pick up the baby’s mother…his girlfriend from work. Tietze told him it wasn’t until he put the baby in the car seat that he noticed the infant whimpering and seemed to be in pain. He picked up his girlfriend, and together they took the infant to the hospital.

That’s where doctors determined the baby had a brain bleed and needed medical attention in Spokane.

Detective Eylar said, "He was hooked up to multiple different monitors, he was not conscious his eyes were not open."

Safety assessor for the Idaho Department of Health and Welfare, Shelly Munoz, described the baby’s injuries.

Munoz said, “He had normal face features but the top of his head was bulbous, and he appeared to have some bruising it also did not appear that he was able to see. he appeared to have right side paralysis."

Judge Evans said, "On his entire right side?"

"Yes,” said Munoz.

Tietze told Detective Eylar, the baby knew how to push his buttons, and he became frustrated and tried to scare him by jolting him. The detective said he gave Tietze a doll and asked him to demonstrate what he did.

That’s when a heated exchange erupted between the detective and Tietze’s defense attorney.

"He gave the doll a jolt, just like that,” said defense attorney.

"Correct,” said Detective Eylar.

"He didn't shake," said defense attorney.

"I guess I don't know what the definition of shake,” said Detective Eylar.

Back and forth in an uncontrolled manner, he didn't do that did he?" said defense attorney,

"He shook the doll,” said Detective Eylar.

"Once?" asked defense attorney.

“Correct,” replied Detective Eylar.

Judge Michelle Evans left Tietze with a thought.

"Interesting that he made a statement that the child knows how to push his buttons, one wonders how a three-month old knows how to do,” said Judge Evans. “That's not something a three-month old does, it's your reaction to what a three-month old is doing. "

Judge Evans ruled that there is probable cause for the case to move forward. Tietze makes his next appearance a week from today.

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