FULTON, NY – An Oswego County grand jury has decided that the man accused of causing the death of his girlfriend’s son should be charged with murder.
Jay J. Barboni, 30, of Falcon Drive in Liverpool, was arrested Aug. 21 and charged with second-degree murder in the death of 15-month-old Nicholas Taylor. The toddler died Aug. 18 while in Barboni’s care.
Assistant district attorney Gregory Oakes said that an indictment was filed Monday.
“The grand jury indicted him for one count of second-degree murder, one count of first-degree manslaughter and one count of second-degree manslaughter,†Oakes said.
Because the matter is now a pending criminal case, Oakes declined further comment. He noted, however, that Barboni is slated for arraignment on the charges Friday morning at 9 a.m. in Oswego County Court.
“We are very pleased,†said Lieutenant Jeffrey Kinney of the Fulton City Police Department. “Hopefully, this will move the case along. I am optimistic.â€ÂÂ
During a preliminary hearing in Fulton City Court Aug. 26, Oakes submitted a report from Onondaga County Chief Medical Examiner Mary Jumbelic into evidence. Jumbelic wrote that the toddler died from extensive injuries, including abrasions and contusions, predominantly of the head, that were the result of “inflicted blunt trauma.â€ÂÂ
The toddler sustained severe head trauma with a depressed fracture on the right side of the head, massive scalp hemorrhage, and damage to the brain, that was produced by a minimum of five impacts to the head, she said. None of the injuries were the accidental.
The child’s babysitter, Crystal R. Muraski, and Kinney both took the stand during the hearing.
When Barboni came to her home to pick up the child, Muraski said Nicholas cried and “clutched†at her when Barboni put his arms out to take the toddler.
Kinney testified that he met Barboni at approximately 9 p.m., Aug.18 at the Fulton police department. Barboni told the officer that when he brought the toddler home, he “didn’t appear right†and that “he looked pale,†Kinney said.
Kinney said Barboni told him the toddler threw up at home. He also told the officer that he did not see any marks or bruises on Nicholas. When the toddler started to rub his eyes, Barboni said he gave him a bottle and put him to bed in his crib at approximately 6 p.m.
“At 8 p.m., he went upstairs to check on Nicholas,†Kinney said during the hearing. “He said he couldn’t tell if Nicholas was breathing.â€ÂÂ
Barboni told Kinney that he didn’t pick the child up but that he held his hand toward the baby’s mouth and nose. He still couldn’t tell if he was breathing and called the child‘s mother.
Barboni remains in custody at the Oswego County Correctional Facility without bail.
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