Police said Billy Nicely, 25, was arrested without incident Tuesday in connection with what was at first reported to be an accident at the home of the child on March 30.
Investigators said family members at the scene at the Pines on Lanier Apartments told them Nicely was taking care of the child while the child's mother, also the suspect's girlfriend, was at work. They told police the child jerked away from Nicely while the two were on the stairs at the apartment.
Gainesville Police Sgt. Johny Ray said the child died at Children's Healthcare of Atlanta at Egleston hospital in Atlanta on March 31.
"An autopsy was performed on the child," said Ray. "The medical examiner determined that the injuries sustained by the child were not consistent with those resulting from a fall as initially reported."
Nicely has been charged with felony murder, aggravated assault and cruelty to children in the first degree.
http://accesswdun.com/article/2009/4/219592