FREDERICK, Md. — A Maryland judge denied bond Wednesday for a former police officer and convicted child abuser now accused of harming a second child.
Jason Michael Colley, 43, of Monrovia, was arrested last week on a felony count of second-degree child abuse and a misdemeanor assault charge after a day care provider reported bruises on his 3-year-old daughter’s arms. Colley was ordered to serve eight years on home detention and five years of supervised release in August as part of a suspended 50-year sentence for assault in connection with the death of his 6-month-old daughter Harper in 2017. Colley entered an Alford plea in that case acknowledging prosecutors had enough evidence to secure a conviction without admitting guilt.
Last week, according to court documents, staff at a day care found bruises on the arms of Colley’s 3-year-old daughter – who was born while his previous criminal case was pending – shortly after she was dropped off at the facility. The child told a Frederick County Child Protective Services investigator that “dad gets mad” and “daddy bit my arm,” according to charging documents.
Colley was taken into custody the next day and appeared before Frederick County District Judge Dino E. Flores Jr. on Wednesday for a bond review hearing. The Frederick County State’s Attorney’s Office asked Flores to hold Colley without bond – arguing he shouldn’t be released back to the home he shares with his wife and daughter.
Attorney Andrew Jezic, who represents Colley in both cases, denied his client caused any harm to his daughter and said prosecutors have ignored a contrary account given by Colley’s daughter that a fellow child at day care may have caused the bruises. Jezic argued in court there was no evidence his client had caused the bruises or even that they were out of the ordinary for a 3-year-old child.
“As the judge acknowledged today, these bruises are minor,” he said. “Something that might appear on any child’s body at any day care any day of the year.”
Flores ultimately granted prosecutors’ request, however, and denied Colley bond.
“The judge found that there was no other way to keep this child safe,” a spokeswoman for the Frederick County State’s Attorney’s Office told WUSA9.
The state’s attorney’s office said it also plans to ask Frederick County Circuit Court Judge Julia A. Martz-Fisher, who imposed Colley’s home detention last year, to revoke his release in his previous case as well. A spokeswoman for the office said it was unclear when that hearing would be held.
Colley served for 10 years as a police officer in Fairfax County before being fired in 2017 after his indictment in connection with the death of his infant daughter. The child was critically injured while at the family’s home in Monrovia and was taken to Children’s Hospital in D.C., where she died weeks later. A D.C. medical examiner determined she died of non-accidental abusive head trauma. Colley’s wife, Heather Colley, told WUSA9 in a phone interview at the time that her husband was innocent. According to court documents, she told investigators no one in her home caused the injuries discovered last week.
For now, Jezic said there is no plan to contest Flores’ bond decision until more evidence in the case becomes available. The defense want to review the report of Colley’s daughter’s medical examination and any video available from the day care. Jezic said he would absolutely contest any effort by prosecutors to change Colley’s release conditions in his previous case.
“There is absolutely no evidence in any way that Mr. Colley has mistreated [his daughter], and there is no evidence he is anything but a superb father to her,” Jezic said.
Under Maryland state law, a conviction for second-degree child abuse carries a maximum sentence of 15 years in prison. Conviction of a new offense can also result in defendants being required to serve out the remainder of suspended portions of previous sentences.