Father Who Rolled Over Infant : No Charges Faced in Baby Suffocation

The Orange County district attorney’s office announced Friday that it will not prosecute a Newport Beach man whose baby daughter died after he rolled over her while sleeping on a couch.

James B. Corbett III, 21, was arrested last month and booked on suspicion of involuntary manslaughter after his 6-week-old daughter, Tyra, was found dead in the family’s apartment.

“I’ve reviewed the reports from the investigations by the Newport Beach police and the coroner’s office, and it’s my belief that there is not a reason to file criminal charges against him,” said Deputy Dist. Atty. Richard M. King.

The baby’s mother, Michelle Marie Koger, 20, awoke about 7:20 a.m. on May 7 and went to the crib to check on her daughter, according to police. When she discovered the baby gone, she hurried to the couch to wake her husband. He rolled over, and the baby had been lying under him, police said. Coroner’s reports show the baby died of suffocation.

Corbett’s attorney, Paul S. Meyer, said the family was relieved that prosecutors decided that there were no grounds to take him to trial.

“We appreciate the thorough job done by the district attorney’s office,” Meyer said. “It was an unfortunate accident, but an accident, not something involving criminal conduct. It’s been a tragedy all around, extremely hard on the family.”

Meyer said that Corbett, who had been released on $10,000 bail, and his wife have been closer since the baby’s death and that other family members from both sides have been highly supportive. Tyra was their first baby, Meyer said.

“They wanted a baby very badly,” Meyer said.

Meyer said Corbett took the baby from the crib because she had been crying and placed her on the couch next to him to calm her down, then inadvertently fell asleep.