A man accused of killing his five week old baby made his first appearance in front of a judge Friday. Caleb Whisnand, Sr. is charged with Capital Murder in the death of 5 week old Caleb Whisnand, Jr.
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Whisnand, Sr. had his preliminary hear Friday morning. Judge Tiffany B. McCord is the judge case. She issued a
gag order in the case meaning cameras won’t be allowed in the courtroom.
Judge McCord ruled that there was enough probable cause to send the case to the Grand Jury.
An investigator testified Whisnand then “looked at me and asked me to shoot him.”
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The Montgomery County
man accused of killing his infant son led investigators to the shallow grave where authorities say he buried the 5-week-old after killing him by blunt force trauma.
According to that testimony, the baby’s mother, Angela Gardener, was also at the site with police. Whisnand ran to her, hugged her and said, “I’m sorry.”
“He said it was an accident, he had hit his head,” Montgomery County Sheriff’s Investigator John Shepherd testified at a preliminary hearing held before District Judge Tiffany McCord.
A short time later, Shepherd said, Whisnand “looked at me and asked me to shoot him.”
When C.J.’s body was found, Shepherd said, there were no obvious signs of foul play. Once the dirt was washed away at the medical examiner’s office, he said, there were some visible injuries.
Forensic pathologist Dr. David Rydzewski of the Alabama Department of Forensic Sciences testified that C.J. had a complex skull fracture to the right side of his head that was 1 ¾ to 2-inches long. He said the child also had bleeding over the entire surface of his skull, as well as subdural hemorrhaging.
There was damage to his optic nerves and a broken right tibia.
He said the only way C.J.’s death could be an accident is if the child had been in a severe car accident and he was unrestrained or he “fell from a fifth floor.” He said the death could not have occurred from an “every day accident.”
“This is an acute injury and the child died within minutes (of the injury),” Rydzewski testified.