By Patti Weaver
(Stillwater, Okla.) — A 25-year-old Cushing man, whose baby has severe disabilities as a result of his abuse, was sentenced this week to 30 years in prison by Payne County Associate District Judge Stephen Kistler.
Cody Dean Floyd, who pleaded guilty to throwing his two-month-old infant to the floor, did not have an agreement with the prosecution regarding his penalty for child abuse.
“The child suffered injuries that will affect him for the rest of his life,” the adoptive mother of the now 2-year-old boy said, according to a pre-sentencing report.
He has “brain injury, multiple skull fractures, blind in right eye, left eye has poor vision, needs a feeding tube, is on three seizure medications, has a seizure every couple of weeks, undergoing speech therapy and occupational therapy, can’t really use his hands, only takes formula, no solid food, doesn’t walk and doesn’t talk,” the report said.
In recommending that Floyd be imprisoned for a lengthy term, Probation and Parole Officer Lance Kopenhagen noted in his report that Floyd “attempted to minimize his responsibility,” by placing some of the blame on the baby’s mother.
Floyd told the officer, “I was on all kinds of drugs and alcohol. I had tried to kill myself to get out of the constant circle I was in. I told my girlfriend to stay home with me and the kids the morning of the incident because I had just tried to kill myself the previous night.
“She knew I was in no state to care for our two kids and left me with them anyway. I am terribly sorry that I hurt my son and everyone who loved him. If I could go back and change things I would. But the world doesn’t work that way. I cannot describe how truly sorry I am,” the report said.
Floyd, whose parental rights have been terminated, had two children, now ages 2 and 3, with his girlfriend; both children have been adopted, the report said.
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, Oklahoma State Bureau of Investigation Agent Rachell Savory wrote in an affidavit.
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. She said neither child 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 said. “Floyd explained that he ‘snapped’ and ‘slammed’ (the baby) to the floor,” the affidavit said.
“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 said.
“Floyd heard a ‘popping’ sound,” the affidavit said. The baby cried “a choking cry,” the affidavit said.
“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 said.
The baby calmed and went to sleep until about 2:30 pm when his mother arrived home from work, the affidavit said.
“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 said.
“Floyd initially told agents that (the baby) was crying so Floyd went to change him,” the affidavit said.
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, and has been in custody since then, court records show.