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Murder Charges Considered In Child Abuse Case

Prosecutors Await Autopsy, Hospital Records

POSTED: 6:23 a.m. MDT October 14, 2002
UPDATED: 3:10 p.m. MDT October 14, 2002

Prosecutors were awaiting autopsy results and medical records on a 9-week-old infant before deciding whether to file new charges against the boy's parents, District Attorney Mary Keenan said Monday.

Joseph and Audra Dowler

Tanner Dowler, whose father was charged last week with 12 counts of child abuse resulting in serious injury, was removed from a ventilator Saturday night at Denver Health Medical Center. He died a few minutes later, said Sara Spaulding, a spokeswoman for Denver Health Medical Center.

The boy's parents, Joseph Dowler, 34, and Audra Dowler, 19 (pictured, left), were arrested Oct. 3 after they took their son to the Lafayette Community Medical Center, complaining that the boy was lethargic and would not eat. Doctors suspected child abuse and called police.

The couple was arrested that evening, accused of breaking both of Tanner's arms and legs, and some ribs, burning him, shaking him, and suffocating him.

Tanner had been unresponsive since Oct. 3. A court-appointed mediator decided Friday that the baby's grandparents should make the decision to disconnect the ventilator. They were present when Tanner was removed from the ventilator.

The baby's paternal grandparents issued a statement to one local TV station, but did not release the statement to the rest of the media.

The grandparents could not be reached for comment Sunday, and there was no information available about funeral service arrangements. Last week, Tanner was baptized before a small gathering of family members at the hospital. He was born Aug. 10 in Lafayette.

Keenan said she and her staffers will review the infant's medical records and results of Monday's autopsy before they make a decision on more serious child abuse charges.

"Obviously, it does change the case, and it will change the charges," she said, although she would not say specifically how the District Attorney's Office plans to proceed.

The charges of child abuse resulting in serious injury will be changed to child abuse resulting in death, Mallard said.

A former prosecutor, Craig Silverman, told 7NEWS the case could end up as a death penalty case.

"It fits all the criteria," Silverman said.

Boulder has never had a death penalty trial in modern times. In 1983, the child abuse death of 3-year-old Michael Manning resulted in a plea bargain and four-year sentence under District Attorney Alex Hunter for his mother and a reduced 10-year-sentence for her boyfriend.

The Boulder District Attorney's office will wait for results of an autopsy before proceeding with prosecution of the Dowler case, which was scheduled Monday in Boulder.

Joseph Dowler's bond is set at $1 million; his wife's bond is $500,000.


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