Lawyer appointed for man accused of injuring 3-month-old daughter
October 21, 2011
East Fork Judge Tom Perkins denied a request this morning from Jonathan P. Flagg that he be released on his own recognizance on a felony charge that he fractured his 3-month-old daughter’s skull and leg.
Perkins appointed lawyer Derrick Lopez to represent the 31-year-old defendant who was arrested on Wednesday. He set a hearing for next week and told Flagg if he bails out, he may not have contact with the infant, her mother, or any children.
He is in Douglas County Jail on $25,000 bail.
Prosecutor Tom Gregory said Friday the baby remained hospitalized. He said the mother has not been charged, and the case remained under investigation.
Deputies were called to Flagg’s residence on Wednesday after he said the baby fell off a bed.
Paramedics transported the infant to Carson-Tahoe Regional Medical Center. Investigators were contacted after medical personnel concluded the injuries were not consistent with a fall.
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According to the sheriff’s report, the baby, who was born July 15, had two skull fractures, a fractured leg, bruising and other injuries.
Deputies said Flagg appeared to be under the influence of a controlled substance. After he gave them permission to search his residence, officers found 20 hypodermic needles, drug paraphernalia and marijuana.
Flagg reportedly told deputies he had used methamphetamine on Tuesday.
He has had eight prior contacts with law enforcement since 2000.
In seeking release on his own recognizance Friday, Flagg said he never missed a court date.
“May I ask to be released today to get all my evidence I’m going to need? There’s no way my family can afford that much bail. I’m not a flight risk. I’m not going anywhere,” Flagg said.
Citing the defendant’s criminal history, Gregory said Flagg was not a good candidate for release, and asked Perkins to make the bail cash only which the judge declined.
Perkins told Flagg if he bails out, he may not contact the child, her mother, or any children.
Flagg was sentenced in 2004 to one year in Douglas County Jail after he pleaded guilty to two gross misdemeanor counts of child abuse and neglect involving injuries inflicted on a six-month-old baby boy.
The child suffered bite marks, skull fractures and other head injuries. The baby’s mother – Flagg’s then-girlfriend – was sent to prison in connection with the crime.
In December 2007, Flagg was ordered to serve nine months in Douglas County Jail for punching a man in the jaw during a fight at a Stateline night club.
In December 2009, he was ordered to serve 34 months in prison for failing to repay $1,600 in bad checks and using methamphetamine in violation of his probation on the check charge. He was eligible for parole after 12 months.