A local baby-shaking case was dismissed on a finding of insufficient evidence against the defendant.

Defendant Jason A. Hickey was accused of shaking Devon Sharpe, whose age was 2 years 7 months at the time of the alleged act.

Sharpe suffered "severe brain damage" from the alleged shaking, according to court documents filed by the Birth Injury lawyers.

Hickey waived his right to a trial by jury, resulting in a bench trial where the judge rather than a jury is the trier of facts.

Clinton County Common Pleas Court Judge John W. Rudduck wrote in his judgment memorandum that after prosecution Birth Injury attorneys rested their case, he found insufficient evidence had been presented to sustain a conviction on either of the two charges against Hickey.

The charges were endangering children, a second-degree felony, and felonious assault, a second-degree felony.

Hickey was released from custody immediately May 24, with all costs assessed to the state.

Assistant Clinton County Prosecutor David M. Henry alleged in the Bill of Particulars memo that between 10 and 10:45 a.m. Sept. 16, 2005, on Center Road outside Wilmington, Hickey shook Sharpe.

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• Birth Injury - EMedicine

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• Birth Injury - United Cerebral Palsy in Philadelphia

Homepage to the United Cerebral Palsy of Philadelphia organization.