Charges added for Jeffersonville mother accused of infant neglect

A Southern Indiana man was previously arrested for physical abuse of a 49-day-old infant
Officials are seeking charges for 20-year-old Shelby Hayes, stating investigators believe she...
Officials are seeking charges for 20-year-old Shelby Hayes, stating investigators believe she committed the offenses of neglect of a dependent and obstruction of justice.(Clark County Jail)
Published: Aug. 2, 2022 at 6:05 PM EDT
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JEFFERSONVILLE, Ind. (WAVE) - The Jeffersonville Police Department has filed to charge a Jeffersonville mother, accused of neglecting a 49-day-old infant and lying to law enforcement officials during investigation.

Officials are seeking charges for 20-year-old Shelby Hayes, stating investigators believe she committed the offenses of neglect of a dependent and obstruction of justice.

According to a probable cause affidavit filed in Clark County Court, a 49-day-old infant was brought into Clark Memorial Hospital by Hayes with a fracture to the infant’s right femur.

Hayes told officials the boy was lying on the couch being bottle fed by 28-year-old Jonathan Fleming at their apartment.

She said Fleming was holding the bottle, but not the child. As the couple’s cats kept jumping onto their couch, Fleming is said to have tried to get them off, causing the infant to roll over and begin falling.

Hayes said she noticed the infant was falling and grabbed him by his right leg, then telling officials she heard “a pop,” and a grinding sound coming from his leg,” according to the affidavit.

A detective said Fleming did not accompany Hayes to the hospital.

Fleming was arrested on July 27 by Jeffersonville Police and was charged with two counts of serious bodily injury to someone under 14 and three counts of neglect.

The document states Hayes and officials spoke in a treatment room, where the detective said Hayes was not pleased with the presence of law enforcement.

Hayes said in the conversation to detectives she had a previous child removed from her care by the Department of Family and Children in Kentucky,

The affidavit states Hayes did not call 911 until about an hour after the incident occurred and took a ride-sharing service to the hospital.

The detective warned Hayes of her Miranda rights and said the explanation of the injuries were not accurate.

Hayes then said Fleming was the only person in the living room as the incident occurred, stating she lied as she was worried she would lose custody of the child.

Officials gained a search warrant for her residence, stating the home had cats and trash scattered throughout. The affidavit states the environment was not suitable for the safety of a child.

Child Protective Services drafted an order to take possession of the infant, stating a CT scan at Norton Children’s Hospital found numerous healing rib fractures, healing leg fractures and other trauma.

Detectives also searched the couple’s search histories in their phones, where searches such as “baby’s leg popped out of place,” and “why do babies get knots on their head when they fall” were searched several times among others, such as “what are signs of shaken baby syndrome,” and “why do I hate babies.”

Text messages exchanged between the couple also revealed conversations held between the couple the day of the incident, where detectives said they had discussed the infant’s injuries.

According to the affidavit, Hayes had deleted messages stating, “I told them I grabbed him,” and “don’t say anything different.”

Another text from Hayes in a separate conversation said she knew Fleming was “pushing down on the baby’s chest when the baby cries so l think that’s how the ribs got broken.”

Based on the investigation, Jeffersonville Police requested an arrest warrant for Hayes.

Hayes was arrested on Monday and booked in Clark County Jail, according to the Clark County Sheriff’s Office.

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WAVE — Louisville and Southern Indiana's NBC affiliate. Follow us on Twitter & Instagram @wave3news.(WAVE)

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