Scott Co., Va. -- EMS crews were called to a home on Ohio St. in Dungannon, Va. on Monday. When they arrived they found a five-month-old baby boy was dead. The baby's father, Michael Douglas Barton, is charged with second degree murder. Barton's court appointed lawyer made three motions during his client's arraignment this afternoon.
One: a discovery requesting for information compiled by the state's commonwealth attorney. This was granted.
Two: a psychiatric evaluation. Also granted.
Three: allow Barton to attend his infant son's funeral. This was denied.
The boy died Sunday night, and autopsy results showed evidence of smothering. After questioning, police say Barton confessed to holding his hand over his son's mouth. He pleaded not-guilty at his arraignment. Barton's attorney didn't ask for bond, since he requested an in-patient psychiatric evaluation.
Barton will be evaluated for his mental capacity at the time of the crime, and for his capacity to stand trial. His lawyer claims Barton had been abused as a child.
Shawna Barton was very emotional before, during, and after the arraignment. When her husband walked into the courtroom, her mother hugged her and said, "don't look at him."
Barton will be held in Duffield Regional Jail until his mental evaluation at a hospital.
His next court appearance is set for May 27 at 1:00 p.m.
The Bartons have a fifteenth month old daughter who has been removed from the home by the Virginia Department of Social Services.
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