A man accused of aggravated battery to a child for allegedly restricting oxygen flow to a baby has been released from jail with the charges dropped due to the loss of key evidence by the North Chicago Police Department, according to the Lake County State’s Attorney’s Office.
Michael Baker, 26, was indicted by a Lake County Grand Jury on charges of aggravated battery to a child, aggravated battery with a deadly weapon, aggravated battery to a handicapped person and criminal abuse to a person with a handicap relating to an incident last July. All of those charges were Class 3 felonies carrying potential sentences of two to five years in prison. He was also charged with domestic battery, a Class A misdemeanor that carries up to a year in jail upon conviction.
Baker, of North Chicago, had been scheduled for trial this week but his case was dismissed by prosecutors in December because North Chicago Police lost “crucial evidence” in the case, according to Lake County State’s Attorney’s Office spokeswoman Cynthia Vargas.
Without the evidence, prosecutors determined they could not meet the state’s required burden of proof to move forward with a trial, Vargas said.
State’s Attorney Michael Nerheim said the evidence included Baker’s Miranda rights form and statements the defendant and key witnesses made to investigators.
Attempts to reach North Chicago Police officials for comment Tuesday were unsuccessful.
According to prosecutors and police reports, Baker had allegedly went to the kitchen of a residence on the Great Lakes Naval Station base, picked up at least one knife, and then grabbed a handicapped 1-year-old baby who was hooked up to a ventilator.
Officials said police were called during the July 11 incident, and when officers arrived at the scene, Baker was holding the baby and grabbing the ventilator attached to the child’s neck.
According to the indictment, Baker allegedly held the ventilator tube closed, restricting the flow of oxygen. Baker had a custodial relationship with the child, officials said.
Officials said Baker allegedly threatened to kill the child and himself before he was taken into police custody. He was remanded to the Lake County Jail on a $100,000 bond.
According to court records, the charges were dropped and he was released from custody Dec. 17.
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