Monday , July 09, 2018 - 4:09 PM
OGDEN — A Roy man accused of killing a 41-day-old child will go to trial next year.
Matthew Daniel Graves, 23, pleaded not guilty in May to all three charges against him, including aggravated murder, a first-degree felony; causing or permitting a child to be exposed to a controlled substance, a third-degree felony; and use or possession of drug paraphernalia, a class A misdemeanor.
Graves was present in Ogden’s 2nd District Court on Monday morning and appeared with his attorney, Michael Bouwhuis.
In the brief hearing, Bouwhuis and prosecutors determined Graves will go to trial in mid-May 2019.
Graves will have a pretrial hearing and a status conference leading up to the jury trial. They will take place in September and February, respectively.
The February court date will be the last opportunity for Graves to accept a plea deal if he so chooses.
Prosecutors did not mention the possibility of pursuing the death penalty against Graves during the Monday hearing.
In a May 1 hearing, Deputy Weber County Attorney Letitia Toombs said that Graves woke up to the sound of his alarm and the baby crying around 6:30 a.m. Sept. 7, 2017, prompting him to punch the baby then put a pacifier in the child’s mouth in the effort to quiet the baby.
Later that morning, Graves dropped off a 5-year-old living in the house to daycare and brought the infant along for the ride. After dropping off the 5-year-old, Graves noticed that the infant wasn’t breathing, and Graves called his grandmother for advice, Toombs said. It was then that he called 911.
Investigators ruled the child’s death as a homicide, and Graves was charged with murder the following day.
Graves is being held without bail at the Weber County Jail.
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