The grand jury indictment alleges that Joseph Rucker McFall, 30, of 6313 Wellington Way shook, threw and hit the infant, causing traumatic injuries between Aug. 30 and Oct. 29 of last year. The incident is alleged to have happened inside the home where McFall was living at the time with the baby and the baby’s mother. It is not known if the mother was at home at the time of the alleged beating.
“I believe they were married at the time,” said Kim Isaza, spokeswoman for Cobb District Attorney Vic Reynolds’ office.
The infant suffered multiple rib fractures, a broken arm and an acute brain injury that is believed to have left him blind, according to the indictment and information in the arrest warrant.
McFall, whose prison mug shot shows a man with multiple facial tattoos, is charged with two counts of felony cruelty to children in the first degree and two counts of aggravated battery.
No arraignment date has been set. McFall was arrested Oct. 30, 2012, and remains in the Cobb County Jail on $25,000 bond. If convicted of all charges, McFall could be sentenced to a maximum of 80 years in prison.
McFall’s court-appointed attorney, Aaron Henrickson of Dallas, said his client’s appearance was a concern.
“Well, that’s certainly going to be an issue we will have to deal with,” he said. “One of my law professors used to tell me you can’t fight the facts, but we’ll have to deal with it. It is what it is. If a group of Cobb County jurors is seated and told by a judge to be impartial and listen to the facts, then all I can assume is that that’s what they will do, if it comes down to that.”
Henrickson said McFall has no plans to enter a guilty plea at this time.
“Obviously the charges are very serious. Mr. McFall maintains he hasn’t done anything to hurt his child and maintains that he is innocent,” Henrickson said. “Once we get the medical records and police reports, any witness statements, we’ll decide how to move forward. And now that there’s an indictment, there will be an arraignment set, so most likely we’ll waive the arraignment and we’ll be entering a not guilty plea for Mr. McFall.”
Assistant District Attorney Susan Treadaway is prosecuting the case, which is assigned to Cobb Superior Court Judge James G. Bodiford.
The indictment was handed down on March 28.