Man Questioned in Death of 5-Month-Old Baby Arraigned for Assaulting Cop

By Ben Fractenberg on February 15, 2013 5:27pm 

 Police are investigating the death of 5-month-old Jacob Agusto, who was discovered not breathing by his 24-year-old mother.
Police are investigating the death of 5-month-old Jacob Agusto, who was discovered not breathing by his 24-year-old mother.
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DNAinfo/Trevor Kapp

SOUNDVIEW — A Bronx man charged with taking a swing at a police officer who was questioning him about the death of his girlfriend's 5-month-old baby was released without bail after his arraignment Friday.

JW Hicks, 46, who has not been charged in the death of the baby, was arraigned on charges of resisting arrest and attempted assault after sparring with officers who came to his apartment to investigate, the Bronx District Attorney's office said.

Hicks was alone with the child, Jacob Agusto, at his apartment at 619 Beach Ave. while the child's 24-year-old mother went out to run errands, police said. She returned home to find the child lying unconscious on a bed and not breathing.

Hicks, who has prior arrests for robbery and weapons possession, allegedly became upset when police questioned his account of the child's death, sources said, and "swung his right hand towards [the officer's] face," according to court papers.

Hicks then "flailed his arms and elbowed [the officer while] refusing to be handcuffed," according to the complaint.

Jacob was rushed to Jacobi Medical Center, where he was pronounced dead from injuries that appeared to be consistent with shaken baby syndrome, sources said.

Jacob's cause of death is still being investigated, the city's medical examiner said Friday. No one has been arrested in connection with his death.

The city's Administration for Children's Services are also investigating the case, they said.

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