- Associated Press - Tuesday, August 4, 2015

OKLAHOMA CITY (AP) - Prosecutors say they will seek the death penalty against an Oklahoma City man accused of shaking a 3-month-old boy to death.

Brandon Lamont Ross pleaded not guilty on Monday to a charge of first-degree murder in the death of King Barnes, The Oklahoman (https://bit.ly/1Dqiqkp ) reported. Ross has been convicted of child abuse previously and was on probation when he was arrested in February in the boy’s death.

In August 2010, Ross pleaded guilty in Oklahoma County District Court to shaking his 2-month-old daughter about a year earlier. He was released from prison on probation in July 2013.

Prosecutors filed a court document on Monday, saying they will seek the death penalty against Ross and also noted his previous conviction.

Special Judge Fred Doak found sufficient evidence last month to order Ross to trial for the alleged crime. The boy’s mother testified that she and Ross had been living together at the time of the child’s death and dating since late 2013.

Ross told police that he had left the baby, whom he isn’t the father of, alone in the residence while he went shopping for 20 minutes and returned to find the boy not breathing. Police said Ross told them the home was ransacked, but the boy’s mother testified she didn’t notice anything missing from the home.

Dr. Ryan Brown testified as a witness for the prosecution and said King’s injuries were the result of abuse, not an accident. He said the injuries were consistent with shaking, and noted the swelling of King’s brain.

The state medical examiner had ruled King’s death a homicide caused by head trauma. Other contributing factors mentioned in the medical examiner’s report were multiple “healing” rib fractures.

A pretrial date has been set for September.

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Information from: The Oklahoman, https://www.newsok.com

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