By: Patti Weaver
(Stillwater, Okla.) — A 24-year-old Cushing man, who has been jailed on $50,000 bail for nearly two years, pleaded guilty Tuesday to abusing his two-month-old baby boy by throwing him to the floor.
When he was asked by Associate District Judge Stephen Kistler in court Tuesday what he had done, Cody Dean Floyd responded, “I threw my child on the floor.”
Floyd does not have an agreement with the prosecution regarding his penalty for child abuse, which carries a punishment range up to life in prison.
The judge ordered a pre-sentencing investigation of Floyd, who was ordered to return to court on Sept. 21 when a date for his sentencing hearing could be set.
The baby had been taken by his mother after she got home from work at 2:30 pm on Sept. 30, 2019, to the Cushing hospital’s emergency room from which he was transferred to OU Children’s Medical Center, according to an affidavit Oklahoma State Bureau of Investigation agent Rachell Savory.
The baby’s injuries were described by the OU charge nurse as including “swelling eyes, inability to regulate temperature, seizures, bilateral skull fractures with subdural hematoma, injury under the right armpit, and contusions on the lower back,” the affidavit said.
The baby’s mother said that the infant did not have injuries when she left for work, but when she got home, the baby “was unable to lift his head, had a moaning high-pitched cry, and cried more when she picked him up,” the affidavit said.
She said “the baby smelled ‘poopy’ but he did not have a dirty diaper. She changed his diaper and clothes,” then took him to the Cushing hospital’s emergency room, the affidavit said.
The baby’s mother said that Floyd, her boyfriend of four years, kept the infant and her one-year-old daughter at home while she worked six days a week, the affidavit said.
“Floyd was unemployed, but watched the children and maintained the residence,” the baby’s mother told the OSBI agent, the affidavit said.
The baby’s mother said that neither of the children had injuries before she left for work, the affidavit said.
That day, the Oklahoma Department of Human Services took her one-year-old daughter into protective custody, after which she was examined by the Saville Center clinical services director and found to have no injuries, the affidavit said.
When the OSBI agent interviewed Floyd the next day, he said he stayed home with the children while their mother worked, the affidavit said.
The day before, the baby’s mother had left home after 7 am, the affidavit said. “She walked to work and had to be there by 10 am,” the affidavit said.
Floyd said that about 11:30 am, he woke to the baby and his one-year-old sister screaming and crying, the affidavit said.
“Floyd was half-asleep and mad,” the affidavit alleged. “Floyd explained that he ‘snapped’ and ‘slammed’ (the baby) to the floor,” the affidavit alleged.
“Floyd demonstrated how he held (the baby) at his (Floyd’s) waist level and with both hands and slammed (the baby) to the floor,” the affidavit alleged.
“Floyd heard a ‘popping’ sound,” the affidavit alleged. The baby cried “a choking cry,” the affidavit alleged.
“Floyd tried to calm (the baby) by wiping him with a wet washcloth and giving him a bottle,” that he would not take, so Floyd gave him a pacifier, the affidavit alleged.
The baby calmed and went to sleep until about 2:30 pm when his mother arrived home from work, the affidavit alleged.
“Floyd was afraid to tell (the baby’s mother) what really happened so he told her that he dropped (the baby) on the floor,” the affidavit alleged.
“Floyd initially told agents that (the baby) was crying so Floyd went to change him,” the affidavit alleged.
Floyd allegedly originally told the OSBI agents that the baby was soaking wet and ‘poopy’ so Floyd held him “in his right arm while grabbing a diaper with his left arm,” after which the baby rolled away from him and hit the front of his head on the leg of a rocker bassinet, the affidavit said.
The child abuse investigation was initiated by the state Department of Human Services on the request of the Cushing hospital, the affidavit said.
The Payne County District Attorney’s Office was notified and asked the OSBI to investigate allegations of child abuse, the affidavit said.
Floyd was arrested at the family’s apartment at 2:40 pm on Oct. 1, 2019, the affidavit said.