SHEBOYGAN COUNTY -- There was a huge show of support for a nearly 3-year-old girl as the man accused of severely abusing her appeared in court for his preliminary hearing Wednesday, Feb. 20.
Jonathan Colon, 25, of Sheboygan, faces three charges:
Ahead of the hearing, Colon and his attorneys filed a motion to dismiss the "defective criminal complaint." During the hearing, the defense requested each charge be dismissed, while the state requested that motion be denied. The court found the complaint established probable cause, and the defense motion was dismissed.
A detective then testified -- and an arraignment was scheduled for March 4. It was an emotional afternoon for the girl's family.
Prosecutors said Colon was caring for the child when she suffered life-threatening injuries.
According to a criminal complaint, on Friday, Feb. 8, police responded to the Sheboygan Memorial Medical Center after a drowning incident was reported in a bathtub at a home on Trimberger Court in Sheboygan, while the 35-month-old child was under Colon's supervision.
The child was taken to Children's Hospital via Flight for Life.
Investigators spoke with Colon, who said he drove his girlfriend to work on Friday morning, and said after that, he and the 35-month-old girl slept off and on. He said late that afternoon, the girl was sweaty and he told her she needed to take a bath before they went to McDonald's. He said he placed the girl in the bathtub, filling it with water to the top of the drain spout. He said while the girl was in the bathtub, he was in his bedroom, communicating with the girl's mother via Snapchat. He said at one point he returned to the bathroom to help the girl use the bathroom, and then put her back in the tub and went back to the bedroom. When he returned to the bathroom, he said he found the girl "with her nose in the water." He said he picked her up and "noticed that her stomach was very big and hard." He said she was barely breathing, and he performed CPR, which he said "didn't seem to be working." He said he wrapped her in a blanket and drove to the hospital.
The complaint said Colon told investigators the girl had some injuries caused by his daughter, including a bruise on her cheek.
At the hospital, prosecutors said Colon began making phone calls, telling people "police were harassing him and that he had done nothing wrong." He was heard telling someone "I'm not doing this anymore. She has to go to day care." He said she had not been going to day care "because she had bruising on her arms from other children in the home."
Colon was taken into custody and a search warrant was executed at the home on Timberger Court. The complaint said investigators found material that tested positive for THC at the home.
Children's Hospital officials discovered the girl suffered "multiple injuries," including an abdominal injury that was "severe and life-threatening." A doctor determined the injuries "were diagnostic for severe child physical abuse." The doctor also noted "there was no compelling evidence of drowning or information to support a near drowning."
The complaint noted the child was expected to survive, but "would likely have neurologic impairments as a direct result of the neglect and severe, life-threatening injuries."
According to the complaint, Colon was previously convicted of possession of THC, second and subsequent offense in September of 2018. The complaint also noted misdemeanor convictions dating back to 2015.