Trial continues for man accused of killing baby

Published: Apr. 23, 2014 at 9:47 PM CDT|Updated: May. 21, 2014 at 12:48 PM CDT
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The capital murder trial of Gary Wilbourn continued Wednesday morning.
The capital murder trial of Gary Wilbourn continued Wednesday morning.

MORGAN COUNTY, AL (WAFF) - Court proceedings continued Wednesday for a Lacey's Spring man accused of killing his 4-month-old daughter.

Gary Lee Wilbourn was arrested in 2008 for allegedly killing Amy Jean Wilbourn because she wouldn't stop crying.

A previous trial for Wilbourn was declared a mistrial due to weather-related problems. Jury selection in the new trial began Monday.

District Attorney Scott Anderson is trying to show the jurors that Amy died because her father shook her violently. Wilbourn's defense maintains that Amy's injuries were not caused by him.

A murder charge against Wilbourn was dismissed in 2009 after the autopsy came back inconclusive. Authorities charged him again after a second opinion determined Amy died from brain injuries caused by being shaken.

Three nurses who treated the baby took the stand during Wednesday's proceedings. All three told the court that they saw signs of a brain injury and that the child would not respond to pain.

The prosecution will continue its case Thursday morning. Both sides expect the trial to go into next week.

Although Wilbourn is charged with capital murder, the DA is not seeking the death penalty. If convicted, he will be sentenced to life in prison without parole.

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