Father Charged With Killing Baby

8-Month-Old Boy Died After Suffering Severe Head Injury

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By Tom Jackman
Washington Post Staff Writer
Saturday, March 21, 2009

An 8-month-old Fairfax County boy has died after suffering a severe head injury, and his father was charged yesterday with murder.

The baby, Albert J. Midence, lived with his parents in the basement of a brick rambler in the 7400 block of Bath Street in the Springfield area.

On Monday afternoon, the baby's father, Elmer J. Midence-Merlo, 38, called 911. He told the police call taker that he was in the shower with the baby, slipped and fell. He said that although he did not drop Albert, the fall might have jolted the baby's head, according to a search warrant affidavit written by Fairfax homicide detective Robert A. Bond.

Paramedics arrived and took Albert to Inova Fairfax Hospital, where he was placed in pediatric intensive care. A doctor later told police that the baby had bleeding on the brain and that his injuries were not consistent with the father's claim of a fall in the shower, Bond's affidavit stated.

Detectives went to the hospital and spoke to the paramedics who had picked up the baby and learned that at the time, Albert and Midence-Merlo were dry and the shower was also dry, said the affidavit.

Also at the hospital, a Fairfax police officer told detectives he overheard a conversation between the baby's parents. The mother, Rhonda Brown, reportedly said she had heard of Midence-Merlo abusing her other children, Bond wrote, and Midence-Merlo allegedly responded, "So what if I hit him?"

Albert went into surgery that evening to relieve pressure on the brain, Bond wrote, and police searched the house on Bath Street. Midence-Merlo was arrested that night, charged with felony child abuse and ordered held without bond in the Fairfax jail.

On Wednesday, police said, the baby was pronounced dead. Yesterday, Fairfax Commonwealth's Attorney Raymond F. Morrogh upgraded the charge against Midence-Merlo to felony murder, meaning a murder committed during the commission of another crime, in this case child abuse. The possible penalties are equal to second-degree murder, five to 40 years in prison.

Neighbors said the house has had many renters over the years and has drawn complaints. A county spokesman said the county's code enforcement strike team is investigating the house.



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