As the September jury term approaches, a Shawnee man charged with first-degree murder in the death of his girlfriend's child has waived his right to a speedy trial and the case is now scheduled in December.
Cashe K. Graham, 23, appeared in Pottawatomie County District Court Tuesday, where he kept his plea of not guilty. He is now set to reappear in court on Dec. 18.
He is charged with first-degree murder, child abuse, in the death of 2-year-old Jamie Murdock, or in the alternative, first-degree murder, permitting child abuse.
The child’s mother, Whitney D. Breslin, 22, has the same charges in the case. Her next court date is scheduled in September.
Breslin and Graham have been jailed in the Pottawatomie County Public Safety Center since their arrest in September 2017.
Both are accused in the first-degree murder count of acting conjointly with each in the death of a child, court records show, which resulted from the willful or malicious injuring, torturing, maiming or using of unreasonable force when causing blunt force trauma to the head and torso of the child, court filings read.
In the alternative, a charge of murder in the first degree, permitting child abuse, also was filed. In that count, they are accused of taking the life of a child by maliciously engaging in enabling child abuse by means of causing, procuring or permitting a willful or malicious act of child abuse and by authorizing or allowing for the care of Jamie by an individual when the person authorizing or allowing such care knew or should have known that the child would be placed at risk for abuse.
Both were arrested by Shawnee police on Sept. 5, 2017.
The case began about 11:41 a.m. Sept. 1 when police and medical services were dispatched to a home at 1222 E. Highland for a 911 call involving an unresponsive child. At the time, it was noted the child had head and abdomen injuries.
Jamie was first transported to St. Anthony Shawnee Hospital and later transferred to Children’s Hospital, where she died the afternoon of Sept. 2.
As detectives investigated the case, the probe resulted in police obtaining information from doctors.
Arrest affidavits show the medical records indicated the child died from “non-accidental abusive head trauma” that the child could not have caused to herself.
“The injuries are from a traumatic brain injury with herniation. There is swelling to the back of Jamie’s head on the left side,” it reads. “Jamie also had external bruising and retinal hemorrhages. The injuries are consistent with abusive head trauma with no history of accidental injury.”
The affidavit shows Jamie also had trauma to her liver, but the doctor noted that would not have resulted in her death. The child also tested positive for marijuana in her system.
When both agreed to the interview with police at the hospital, both stated they didn’t know how the child received her injuries, the court records reads.
The child’s death has brought up many questions about prior issues. At the time of the initial investigation, Shawnee Police Detective Jason Crouch confirmed DHS was investigating an incident that allegedly occurred on Aug. 4, 2017, so DHS was reportedly involved with this child.
The News-Star, back when this case started in 2017, filed a formal request for a summary of DHS records involving this child, but those records are still awaited from DHS.