CORTLANDVILLE — Elevated charges are expected in the case against a McGraw man charged in the death of a 2-year-old girl following a court appearance this morning.
Dorian G. Bohn, 29, of Elm Street, appeared before Cortlandville Town Justice Lenore LeFevre this morning, represented by Cortland County Public Defender Keith Dayton. He was charged with criminally negligent homicide, a felony, in the death of 2-year-old Kassidy Dains, his girlfriend’s daughter.
Cortland County District Attorney Patrick Perfetti said at the appearance that the preliminary postmortem exam of Kassidy, “refutes the defendant’s claim” that the incident Thursday was an accidental fall from a bunk bed.
Bohn was arrested Thursday following an investigation by the Cortland County Sheriff’s Office that started just before 9 p.m. In addition to the criminally negligent homicide charge, he was charged with endangering the welfare of a child, a misdemeanor. Perfetti said he expects to increase the charge to first-degree manslaughter, a felony.
A person is guilty of criminally negligent homicide when, with criminal negligence, the death of another person is caused, according to state Penal Law. Criminal negligence is a result or circumstance where a person fails to perceive a substantial and unjustifiable risk.
First-degree manslaughter can be prosecuted in several ways: as intent to cause serious physical injury that ends in death; or recklessly engaging in conduct that creates a grave risk of serious injury to a child younger than 11, but instead kills the child.
LeFevre returned Bohn to the jail on $50,000 bail or $100,000, pending a preliminary hearing at 1:30 p.m. Tuesday.