Man Accused In 3-Month-Old's Death Charged With Homicide

MILWAUKEE, WI — A 22-year-old Milwaukee man accused in the death of his 3-month-old son has been charged with a homicide.

Authorities say Davionte Allen has been charged with first-degree reckless homicide and child neglect—consequence is death. Allen faces up to 55 years behind bars if convicted of the maximum penalties against him.

According to a criminal complaint filed in Milwaukee County, the child's mother left her Milwaukee home just after 11 a.m. on June 12 to buy a cellphone charger for her boyfriend, later identified as Allen. Allen was left in charge of the child at home, court documents show.

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Authorities said the mother returned home at 12:30 p.m. to discover that her child was making "weird grunting noises while asleep." By 2:30 p.m., Allen tried waking up the child, but the child could not be roused. Investigators said the mother rushed her child to St. Joseph's Hospital for emergency treatment.

Investigators said hospital staff at St. Joseph's believed the child suffered "traumatic impact and shaken baby syndrome." The child was sent to the intensive care unit at Children's Hospital of Wisconsin.

After two days of emergency treatment, the child was taken off life support by hospital staff and died, investigators said.

According to the criminal complaint, a child abuse pediatrician with Children's Hospital diagnosed the child with severe child physical abuse, resulting in fatal head trauma, a diffuse brain injury leading to altered mental status, cerebral edema, a large right subdural hemorrhage, severe bilateral retinal hemorrhages, partial brain stem herniation, and multiple rib fractures.

Authorities said they questioned Allen about what happened with the child. Investigators said Allen initially denied hurting the child in any way. After further questioning, authorities said Allen mentioned that he "didn't believe he shook [the child] that hard," in addition to picking the child up with force, resulting in a jerking motion.

According to the criminal complaint, Allen later admitted that after forcefully picking up and shaking the child, that the child's breathing became irregular.

Investigators said they searched Allen's cell phone, and found a video of the child laying on a pillow. The child's left eye was closed and right eye was partially open. Allen could be heard saying, "You okay? Oh no," court records show.