Sheriff Thomas J. Dougherty reports the arrest of a Nunda NY resident on felony charges following an investigation into the injury of a three month old baby.
On June 3, 2021 the Sheriff’s Office was notified by Livingston County Child Protective Services (CPS) regarding a small child who was being treated at Strong Memorial Hospital for injuries that were suspicious in nature. The baby was found to have multiple fractures in various stages of healing including multiple rib fractures, a femur fracture to the right leg, fractures to all three bones (fibula, tibia and femur) in the left leg and possible fractures to both right and left humorous bones (bone in the upper arm).
Sheriff’s Investigators and Child Protective caseworker’s responded to the child’s home on State Route 436 to investigate the cause of the child’s injuries.
The investigation alleges that the child’s father, 22 year old Dustin M. Smith, caused the injuries after he became frustrated and angry while caring for his child. It is alleged that on multiple occasions Smith forcefully squeezed and held his child down causing the injuries.
Smith was arrested and charged with two (2) counts of Attempted Assault in the First Degree, two (2) counts of Assault in the Second Degree, two (2) counts of Reckless Endangerment in the First Degree and two (2) counts of Endangering the Welfare of a Child.
The baby is with family outside the home and an order protection was issued protecting the infant from any contact with Smith.
Smith was turned over to Central Booking Deputies at the Livingston County Jail for processing and pre-arraignment detention as the offense did qualify for pre-arraignment detention under the NYS Justice Reform Act. The District Attorney’s Office was contacted in regards to bail due to the felony level charges. It was advised that Smith should be remanded on $15,000 cash or $30,000 bond.
Smith was later arraigned at the Livingston County Centralized Arraignment Part (LC-CAP) at the Livingston County Jail before Town of Caledonia Justice Mark Riggi. The Judge did remand Smith to the custody of the Sheriff being held on $15,000 cash or $30,000 bond.
The Livingston County Public Defender’s Office was present and represented Smith at the court arraignment for his defense. The Livingston County District Attorney’s Office was notified but did not appear to represent the people.
The investigation was conducted by members of the Sheriff’s Office Criminal Investigations Division; Investigator Brad Schneider, Investigator Conner Sanford and Investigator Matthew Orman, as well as the Forensic Identification Unit; Deputy Jerry Pilkenton, in conjunction with Livingston County Child Protective Services. The case was led by the command leadership of acting CID Captain Michael Williams.
“There is no greater crime than a crime against an innocent child,” stated Sheriff Dougherty. “In this case, an infant who has no voice to tell, no ability to run away and apparently has no protector in the home. I commend the hospital staff that brought this to our attention, the caseworkers from Livingston County CPS for their great work, the Sheriff’s Investigators that aggressively investigated these heinous acts, as well as the Judge that reviewed the case at arraignment and followed the recommendation on bail and the complete stay away order of protection.”