Although acknowledging the infant had been injured and abused, a 2nd District judge ruled Monday that the prosecution failed to prove the baby's father was the one that shook him and found the father not guilty of child abuse.

Judge Jon M. Memmott found Douglas C. Cox, 25, a former Air Force sergeant now living in Georgia, not guilty of the third-degree felony child abuse charge in a nonjury trial.The charge came after the infant, Kelly T. Cox, was admitted a year ago to Primary Children's Medical Center in Salt Lake, transferred there last Dec. 5 from the Hill Air Force Base Hospital.

Physicians at PCMC determined the baby had numerous injuries consistent with being shaken. The infant had broken ribs, leg fractures and head injuries, including one that occurred about 48 hours before the baby was admitted, according to one doctor's testimony.

Doctors last year told prosecutors they believed the infant would suffer permanent brain damage and sight impairment but Kelly, now 15 months old, has apparently recovered fully, according to their testimony.

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In his ruling, Memmott agreed with defense attorney Randy Richards that the baby had suffered injuries and they were probably inflicted by a person and not accidental.

But the judge also agreed that Davis County Attorney Mel Wilson, who prosecuted the case, didn't prove beyond a reasonable doubt that it was the father who inflicted the injuries.

Cox is no longer in the Air Force and he and his wife, Amy, now live in Georgia. The couple is trying to regain custody of Kelly from the child's grandparents.

No further prosecution is contemplated, according to Wilson, who said he still believes the injuries were inflicted by the father.

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