MAYS LANDING — A man accused of killing a baby left in his care in Atlantic City was ordered Friday to submit DNA, which the state has said it would use to prove he was smoking marijuana at the time.
Daquan Davis, 19, is accused of shaking 6-month-old Yusuf E’Miy Stewart-Ali Jr. while baby-sitting the child at the mother’s Schoolhouse Apartments home Sept. 14.
Davis admitted to losing his cool with the baby, according to parts of a confession he made to investigators previously read in court.
Ebony Stewart had left the boy with Davis — who is not related to the child — while she was at work. When she returned at about 3:45 a.m., she found the baby unresponsive and called 911. He was pronounced dead a short time later.
The cause of death was acute cerebral spinal trauma.
Marijuana stubs were found at the scene, Assistant Prosecutor John Flammer said during a brief hearing last year. The buccal swab taken Friday will be compared with DNA found on those stubs.
Defense attorney Joseph Levin said he still has no discovery in the case, and therefore was at a disadvantage in arguing against the DNA demand.
Superior Court Judge Kyran Connor said the detective’s affidavit was enough to approve the DNA request.
A grand jury is expected to hear the case later this month, when it will decide whether Davis should be indicted on the charges, including aggravated manslaughter.
He is currently held on $500,000 cash bail.
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