The case of a Lexington man charged with first-degree assault after his 21/2-month-old daughter was severely injured last week has been sent to a grand jury.
David Allen Brumback, 19, appeared in Fayette District Court on Thursday morning for a preliminary hearing.
Lexington police Detective James S. Root testified that Brumback was "extremely upset, very emotional" when he was interviewed by police. Brumback told police that he loved his daughter, MaKenzie Brumback, born Dec. 26, and wouldn't hurt her.
But Brumback said the child was crying and vomiting after he took her out of a swing, and he was very frustrated, Root said. Brumback told police he put the child on a changing table and she struck the right, rear side of her head.
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Root said Brumback couldn't say how much force he used when he laid MaKenzie on the table.
Brumback was charged after police and the state Cabinet for Health and Family Services investigated a Sunday report of an unresponsive infant at University of Kentucky Chandler Hospital.
MaKenzie has been discharged from the hospital. Root said she was on life support for several days, and doctors said she could have suffered some brain damage and might have vision problems.
Police said the child is now in foster care, but Sara Roberts, MaKenzie's mother, said the child has left foster care and is staying with one of her relatives.
Brumback's attorney, Denise Redwine, said her client is an "excellent father."
"These charges will be adamantly challenged," Redwine said.
A woman who described herself as David Brumback's biological mother said her son would never injure MaKenzie.
"There is nothing in this world he wouldn't do for that baby," Phyllis Porter said outside the courtroom.
David Brumback's stepmother, Cathy Brumback, who said she has raised him since he was 6, left the courtroom with Roberts.
Roberts said she was worried about her daughter's vision; she said doctors told her MaKenzie probably would need glasses.
"I'm praying," Roberts said. "Everybody is praying for her."
Cathy Brumback said her stepson is also concerned about the child.
"He's very distraught," she said. "He's young. He's a first-time father."
Cathy Brumback said she was not aware of any marks on the child. Roberts said she is waiting for all the facts before she makes a decision about what happened.
Roberts told the Herald-Leader last week that she had broken up with David Brumback two weeks ago but had asked him to baby-sit while she was at work at Kroger.
After Thursday's court hearing, Roberts said she planned to fight for full custody of MaKenzie to keep her away from harm.