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Father, mother charged in 2016 death of infant
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Silver Spring Township

Father, mother charged in 2016 death of infant

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A criminal homicide charge was filed Thursday against a father, and aggravated assault charges against a mother, in relation to a 2016 infant death in Silver Spring Township.

Derrick Lee Yohe, 29, now of Shamokin, was charged with criminal homicide, two counts of aggravated assault, two counts of aggravated assault of a victim younger than 13, endangering the welfare of children, recklessly endangering another person, possession of a small amount of marijuana and possession of drug paraphernalia in connection with the August 2016 death of his daughter.

The mother of the child, Emily Joy Kirby, 27, of Shamokin, was charged with aggravated assault, aggravated assault of a victim younger than 13, endangering the welfare of children, recklessly endangering another person, possession of a small amount of marijuana and possession of drug paraphernalia, in the case.

Silver Spring Township Police said in an affidavit that based on information from a medical professional and the Cumberland County Coroner’s Office, the baby likely died after ingesting marijuana and asphyxiating on vomit.

Though a doctor determined in 2016 that the cause of death was complications of asphyxia and that the death was homicide, the charges weren’t filed until after an addendum sent this year in January by the county coroner. In that new information, the same doctor reported performing tests on the soft tissue behind the eyes of the child, whose positive results meant the child suffered a traumatic brain injury in the days, weeks or months before her death, according to the affidavit.

The charges come years after township police were called to a home on Bayberry Drive at 10:52 p.m. Aug. 16, 2016, for an unresponsive child. EMS personnel had arrived on the scene to find Yohe performing CPR on the child, whose age was not revealed by police in the affidavit. The child was transported to a hospital, where she was pronounced dead about an hour later.

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During their investigation, police said the home where the child, her parents, a 4-year-old sibling and grandfather were living was in disarray, with clothes strewn on the floor, random items lying on the floor, clutter, dirty dishes, open food containers, a dirty toilet and shower, and cat feces.

Police also noted a burnt marijuana smell, as well as marijuana on the bed and brownies that were determined to have THC, according to the affidavit.

In police interviews, Yohe and Kirby admitted to smoking marijuana, though only outside, according to the affidavit. In an October 2016 interview with Cumberland County Children & Youth Services, they also admitted to boiling marijuana plants in butter and water to pull the THC out of the plant to make brownies, which they had done the day the child died.

In the interviews, the parents said the child was fed before Kirby went to work that afternoon and evening, and she was discovered to be cold and unresponsive after Kirby came home, the two smoked marijuana and Yohe put the other child to bed, according to the affidavit. Yohe told police he believed she had been sleeping shortly before Kirby’s arrival.

According to court documents, police said Yohe’s timeline didn’t quite match up, with one paramedic at the scene saying he felt the onset of rigor mortis in the child, which usually takes two to four hours to set in. Police also noted that while Yohe said the child was discovered unresponsive about 9:35, 911 was not called until 10:50 p.m.

Toxicology reports indicate that THC was in the child’s gastric fluid, and its presence meant the child had consumed it and did not acquire it from second-hand smoke, according to the affidavit.

Yohe was arraigned on charges Thursday in front of Magisterial District Judge Kathryn Silcox, who denied bail in the case. He remains in Cumberland County Prison awaiting a July 24 preliminary hearing.

Kirby is awaiting a hearing on her charges, according to court documents.

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