UTICA – The Utica man accused of killing his girlfriend’s baby earlier this year appeared in court on Monday, but once again did not decide on a plea offer.
Jason Nieves, 20, is charged with second-degree murder in connection to the death of seven-month-old Emelina Sanchez on Jan. 20. Officials say Nieves allegedly caused the baby’s head injuries in response to her crying uncontrollably, and the baby died of her injuries at the hospital.
Nieves was expected to report on a plea offer last week, but the case was dismissed until today because his defense said the baby’s autopsy report is not yet fully complete and they didn’t feel they could consider a plea deal without the full reports. Today Nieves’ defense said once again that the autopsy reports are not complete and that they cannot consider the district attorney’s plea deal.
The case has been dismissed until April 30. If, at that time, the plea deal is not accepted, a Huntley Hearing will take place on May 17.