Dylan Kuhn, 18, of Dolores, has been charged with child abuse causing death in his alleged role in the death of a 6-month-old infant last month.
The offense is a felony.
The defendant is out of custody as of Friday, having bonded out on a $40,000 bond.
Representing Kuhn, attorney Katie Telfer had said in a previous hearing that the defendant suffers from a condition involving excess spinal fluid in the brain. She said he has cooperated with law enforcement.
According to court documents, Montezuma County Sheriffs Office deputies were called to a Dolores residence Nov. 1 for a report of an infant not breathing.
Kuhn told investigators he was sleeping in bed with his infant daughter, Sailor Kuhn, and awoke to find the infant hanging over the side of the bed with a blanket wrapped around her neck. He said she was not breathing so he attempted cardiopulmonary resuscitation.
The infant was transported to the hospital, where she was pronounced dead. An X-ray of the alleged victim showed no sign of trauma to the chest. A dried brown substance was reportedly found around the mouth and nose.
In an interview with a detective, Dylan Kuhn said the infant had been acting sick and fussy the night before.
He said he woke up the next morning and felt a tugging on the blanket and heard the infant gasping for air, then saw the infant with a blanket wrapped around her neck and dangling from the bed. When he got up, he said the blanket underneath him slipped, and the infant fell to the floor, at which point the infant stopped breathing and he attempted CPR and had someone call 911.
Kuhn reportedly said he had an expired medical marijuana card for headaches and had smoked marijuana the night before. A field urine test performed on the man allegedly tested positive for marijuana.
A medical doctor ruled the death a homicide after injuries to the infant did not match Dylan Kuhns story.
According to court documents, Kuhn initially stuck to his story, then suggested the death may have been caused by previous falls from the couch.
After the doctor said the injuries did not match a fall from the couch, Kuhn allegedly admitted to slamming his daughter down on the bed.
He said he gets frustrated when the baby cries and he doesnt know why and he lied because he was scared and the babys mother is going to hate him.
The babys mother spoke in court previously and asked the judge that the defendant be able to bond out.
Montezuma County Judge JenniLynn Lawrence also ordered a preliminary gag order on officials familiar with the case preventing them from discussing it outside of the courtroom.
The defense had requested the gag order, arguing it would protect the defendants right to a fair trial.
Dolores Star Editor Shannon Livick contributed to this report.
Reach Reid Wright at reidw@cortezjournal.com.