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Benjamin Koller
Benjamin Koller pleaded guilty to child abuse resulting in death.

Dad Arrested After Baby Found With Bruises, Bite Marks

Lafayette Infant Also Suffered From Skull Fracture

POSTED: 10:06 am MDT July 27, 2009
UPDATED: 5:01 pm MDT July 27, 2009

A 26-year-old father is being held on $1 million bond after his 2-month-old son was rushed to the hospital unresponsive and suffering from a skull fracture, multiple bruises and bite marks.

Benjamin Koller was arrested on July 24 for investigation of child abuse resulting in serious bodily injury.

Koller and Jennifer Schmidt, who is the boy's mother, brought their infant son to Avista Hospital on July 21, Lafayette police Cmdr. Mark Battersby said. The baby, Jack Sebastian Koller, was unresponsive and was transported to Children's Hospital.

Avista Hospital notified police after doctors discovered the injuries. (Read full arrest affidavit).

"Jack had very red, swollen eyes, and bite marks on one leg and one arm," according to the arrest affidavit. "Photographs taken by Officer (John) Harris displayed a bruise on the top of the infant's head, bite marks on both arms and one leg, bruises above one of the eyes of the child, along with red, swollen eyes ... The medical professionals had spoken about a possible retinal detachment of the eyes of the child."

According to the affidavit, detectives interviewed Schmidt, who told them Koller had woken up around 4 a.m. on July 21 because Jack was rousing in his sleep.

Jack vomited and stopped breathing and Schmidt performed CPR and Jack started breathing again, Schmidt said.

"The breaths were very abnormal, ranging from gasping for air to slow, shallow breathing. [Koller] told [Schmidt] that Jack had looked like he was dead and so he bit him on the leg to try and get a reaction out of him to tell if he was OK," the affidavit said.

Schmidt took Jack into the living room and the two eventually fell asleep. Schmidt told the detective that, "We probably should have gone to the ER at that time."

She said she had taken Jack to the hospital before for several other illnesses and she was "tired of them (the hospitals) not doing anything," the affidavit said.

Later that morning they decided to take Jack to the hospital.

The child remains in Children's Hospital in the intensive care unit in critical condition.

Doctors told detectives that Jack had several injuries including bruises and bite marks. He had to have fluid drained off his brain and the prognosis from the doctors at Children's Hospital is that Jack has grave injuries and definite brain damage. He is not expected to survive. However, if he does, he is expected to be severely impaired and may not be able to talk, walk or feed himself, said Dr. Antonia Chiesa.

"The damage to his brain is due to one or a combination of the following: lack of oxygen to the brain which is consistent with (Koller's) admission of suffocating Jack multiple times, unattended seizures and or trauma to the head, consistent with Jack's skull fracture," the affidavit said.

Chiesa added that Jack's overall condition is indicative of many injuries happening to him over a period of time.

Schmidt has not been charged.

Affidavit Says Father 'Smothered' Child

The affidavit said Schmidt and Koller had taken Jack to the hospital on several occasions.

One of the visits came after Koller was changing Jack and dropped him about two feet onto the wooden part of the changing table. According to the affidavit, Jack "didn't have any marks. Jack cried 'severely' for a little while ... but calmed down after about 10 minutes."

Koller said he and Schmidt didn't see any marks and thought Jack was fine.

However, during a second interview, Koller admitted that after dropping Jack, he had a "reaction and placed his hand over Jack's mouth to get him to stop crying -- to muffle the sound."

Koller then told the detective that he had "smothered" Jack other times in the past. Koller "said the 'smothering' incidents happened no more than three times, over the past few weeks," the affidavit said. Koller said, "the smothering incidents usually happened near the end of his work week when he was exhausted ... He said he is a lighter sleeper than (Schmidt) so he often gets up to attend to Jack. (Koller) said he normally works 30 to 40 hours a week, Monday through Thursday, 5 a.m to 2 p.m. and would wake up around 4 a.m."

"(Koller) said that there are moments when he is so sleep deprived, getting only three hours of sleep a night while working a 40 hour work week. He said he knew it sounded harsh, but sometimes he has a mentality of 'Shut up!' when dealing with Jack," the affidavit said. "(Koller) ... admitted that he got frustrated with Jack and said, 'Sure, everybody gets frustrated.'"

Koller also admitted to detectives that he would sometimes drop Jack and barely catch him. He said he grabbed Jack's legs "so hard" and whipped him back up when he fell, that he may have caused some injury.

Koller also told the detective that he was a product of an abusive relationship from his father and that he is afraid of turning into his father.

According to a state crime database, Koller had been arrested in the past trespassing, marijuana possession, and felony criminal mischief.
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