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Baby hurt; man faces charges

A Lexington man has been charged with first-degree assault for allegedly injuring his 2½ -month-old daughter, police said.

David Allen Brumback, 19, was charged Monday night after police and the state Cabinet for Health and Family Services had investigated a Sunday report of an unresponsive infant at University of Kentucky Hospital.

MaKenzie Brumback, born Dec. 26, was listed in fair condition Tuesday at UK Hospital. The girl's mother, Sara Roberts, said the infant "has blood on her brain" but does not need surgery.

Roberts said she had broken up with Brumback two weeks ago but had asked him to baby-sit while she was at work at Kroger.

She said the baby was shaken "real bad."

She said Brumback told emergency responders that the girl's body "went limp."

Roberts said it is her understanding that Brumback did not hit MaKenzie, and her head did not hit anything while she was shaken.

Brumback was charged based on interviews and medical findings, Lexington police said Tuesday.

Brumback was arraigned before Fayette District Judge Megan Lake Thornton on Tuesday afternoon via video from the jail. He had no attorney, but Thornton appointed a public defender to represent him.

The judge also scheduled a preliminary hearing for 8:30 a.m. March 26. At that time she will hear evidence to determine whether there is probable cause to send the case to a grand jury for possible indictment.

Brumback, who declined interviews, remained in the Fayette County Detention Center in lieu of a $7,500 cash bond.

He has been in Fayette District court before on domestic violence charges. On May 25, 2008, Brumback was charged with misdemeanor assault when he was accused of throwing "several items" at Roberts, who was then pregnant and living with him, according to Fayette court records. A water bottle struck Roberts' left hand and thumb.

Brumback's father posted bond, and Brumback was released from jail on the condition that he was to have no contact with Roberts. He later paid $449 in a fine and court costs.

Then, on July 20, 2008, Brumback was charged with violating a domestic violence order when he was accused of kicking Roberts, who was then listed as his fiancée.

Brumback told police he had kicked her earlier in the day.

The complaint also said that Brumback and Roberts were arguing over a dog, and Roberts hit Brumback in the eye. Brumback attempted to strike her but missed and hit the dog.

In that case, Brumback served four days in jail in lieu of fine and court costs, according to court documents.

Asked why she has remained in contact with Brumback after these incidents, Roberts said: "I thought he could change and I didn't want my daughter to grow up without a father, but I guess she will have to grow up without a father."