UPDATE: Joseph John Davis now charged with murder in death of toddler

The physicians who treated 17-month-old Maliki Wilburn on Aug. 26 told Coeur d’Alene police investigators several times the child’s head injuries were not accidental.

Two days later, those injuries became fatal.

Since Aug. 26, Maliki’s stepfather, Joseph John Davis, 31, has been in jail, accused of seriously injuring the child. He was arrested after medical personnel and Coeur d’Alene police officers were called to the Fifth Street basement apartment where Davis lived with his wife, Dacia Cheyney, and her son, Maliki. The baby was discovered experiencing breathing difficulty and showing signs of obvious head trauma.

Maliki was transported to Kootenai Health and then sent by Life Flight to Sacred Heart Medical Center in Spokane where he was later pronounced dead.

The officers’ reports state Dr. Duane Craddock, a pediatrician at Kootenai Health, told them the trauma the toddler suffered required a significant amount of force. Later, after Maliki was transported to Sacred Heart, Dr. Melanie Cooper-Flaigle is reported to have told investigators Maliki had a large skull fracture and retinal hemorrhaging.

“She stated she has seen children fall from two-story buildings with less injuries,” states one of the officers’ reports. “She advised that it was not at all possible that this 1-year-old sustained this injury on his own. It took a very high force for this type of injury to occur.”

Cheyney allegedly told investigators she left Maliki alone with Davis for about 15 minutes when she went to buy liquid for her e-cigarette. She told police that when she returned, the baby was asleep on the floor covered with a blanket. Investigators reported Cheyney said Davis appeared to be coming out of the bathroom when she arrived home, and he told her Maliki “fell or something.” When she went to pick the baby up, Maliki was unresponsive and his breathing was shallow. Cheyney told police she felt a large lump on the base of Maliki’s head.

“Maliki’s legs were tight, his toes were curled and his eyes had to be pried open,” states the police officer’s report of Cheyney’s description of what occurred. She called for Davis to call 911.

The investigators’ reports state Davis repeatedly told them he did not know how Maliki was injured, that he was in the bathroom for a few minutes and during that time, he could hear Maliki crying and “screaming.” At one point, Davis allegedly told investigators he went to check on Maliki and the toddler was on the floor with his blanket, crying, but he appeared to be dozing off.

The police reports allege Davis commented the child sometimes climbs on a table and may have fallen from it.

One of the officers asked Dr. Craddock at Kootenai Health to consider Davis’ comments that the child may have fallen from a table.

“Dr. Craddock said his injury would not be consistent with a short fall onto a carpeted floor, and the injury doesn’t appear consistent with the story given,” states the police report.

Craddock reportedly told the investigator there is “a strong likelihood of abuse.”

According to the police report, Dr. Cooper-Flaigle, at Sacred Heart, also told investigators that in her medical opinion Maliki’s injuries were not consistent with accidental trauma that could be caused by falling or tripping.

The probable cause declaration completed by Coeur d’Alene Police Officer Amy Niska indicates an unknown weapon was involved.

One of the officer’s descriptions of the room where Maliki was found states there were two tables “no more than 18 inches from the ground,” and a “black-handled hammer sitting on the back of a recliner in the room.”

Davis is scheduled to appear today before Magistrate Judge Mayli Walsh who will consider a motion filed by the prosecutor’s office seeking to amend the complaint, likely to charge Davis with homicide.

The police report notes Davis was cited for misdemeanor possession of steroids in June. That case is pending. It also notes Davis was arrested for cruelty to children in 2009. In that case, Davis was charged with injury to a child, but the charge was dismissed. A review of the police report for that incident shows Davis was in a vehicle smoking marijuana with a minor who was old enough to have a driver’s license. In that case, Davis was found guilty of misdemeanor drug possession charges.