Suspect In Tot’s Death Gets Day In Court Merwin Says Boy Fell Backwards Off A Bed

His voice breaking between pauses, Kevin Merwin choked out his side of the story on Thursday.

The 24-year-old Athol, Idaho, man told a jury that he did not harm his girlfriend’s toddler - a boy who is now dead.

Instead, Merwin said, he watched the boy begin to pass out. He watched as the 2-1/2-year-old fell backwards off a bed. He heard Alexander Buss’ head hit the floor.

“There was a hollow cracking sound,” Merwin said in a thin voice.

Thursday was the fourth day of Merwin’s trial for felony injury to a child. A jury will have to decide whether Alexander Buss’ death was an accident or child abuse.

On July 18, the computer repairman and father of three girls was baby-sitting his girlfriend’s two children along with his own.

Alexander died the next day at Sacred Heart Medical Center in Spokane.

While the Kootenai County prosecutor believes Merwin shook or beat the boy, Merwin and his family said Thursday that it was an accidental fall - or possibly a run-in with the family’s excitable dog - that eventually killed Alexander.

Alexander and his 4-year-old sister Jessica were born to Donald Buss and Michelle Buss-Merwin. Before Alexander died, the two children had been splitting their time between their parents, who were divorced.

At the time, Michelle was living in Athol with her boyfriend, Merwin, and his parents. Michelle and Merwin were married after Alexander’s death.

Several doctors who examined Alexander after his injury testified this week, each saying they suspect child abuse.

Dr. Gary Lee of Spokane told the jury he believes the child was “pushed, shoved, shaken or beaten” by Merwin - the only adult who was with Alexander when he was hurt.

“The child’s brain sustained a very violent impact,” Lee said.

An autopsy done on Alexander showed swelling in his brain and severe bleeding around both the brain and inside the eyes.

Both Dr. Scott Carlson, a Spokane neurologist, and Dr. Deborah Harper, a pediatrician who specializes in child abuse, said those injuries could not have come from falling off a bed - especially since the boy fell onto carpeting.

“If that sort of fall killed us when we were 2 years old then very few of us would survive,” Harper said.

“It would take a free fall of at least 25 to 30 feet to produce that (damage),” Carlson said.

Frederick Loats, Merwin’s defense attorney, argued that seizures and attempts to revive the boy could have contributed to Alexander’s injuries.

On Thursday, Merwin detailed the day nine months ago when Alexander was fatally hurt.

Merwin spent July 18 alone with the five children, playing Frisbee with his dog Corky as the kids played in a plastic swimming pool.

Alexander loved the greyhound dog and spent part of the morning playing with it, Merwin said. But at one point, Alexander came back crying, Merwin told the jury, implying that the dog may have hurt the boy.

Merwin’s mother, Marie Merwin, testified that the greyhound has run her down in the past, although she never had to be hospitalized for it.

Merwin said the boy seemed very tired by lunch. He brought Alexander into a bedroom to put him down for a nap.

“He stood up on the bed and he took about a step and a half back,” Merwin said, his voice strained. “Then it was like he passed out; he went straight over backwards and landed on the other side of the bed.”

Merwin testified that he first thought of putting the boy in a cool bath because he thought Alexander might have collapsed from the heat. Instead, he called 911 after he heard the boy gasp for breath.

Deputy prosecutor Lansing Haynes attempted to portray Merwin as a frustrated man ready to take his anger out on the boy.

Sheriff’s Detective Kent Johnston testified Wednesday that Merwin admitted he didn’t want to be babysitting that day.

“He believed he should be the sole financial provider and Michelle should stay home with the kids,” Johnston said.

Also, Merwin’s ex-wife had gotten married to his best friend just days prior to Alexander’s death, Johnston testified. Merwin was baby-sitting his daughters because their mother was on her honeymoon.

Merwin insisted he never told Johnston that he was unhappy about baby-sitting the children and had instead been planning on it.

Deputy prosecutor Haynes pointed out several inconsistencies in Merwin’s defense.

According to detectives and tapes of Merwin’s 911 call, Merwin never mentioned seeing Alexander cry earlier in the day, possibly from being run over by the dog. Merwin also never told them about hearing a cracking noise when the boy hit the floor, Haynes said.

However, Merwin insisted that he did tell Detective Johnston about both instances and instead accused the detective of forgetting.

Haynes questioned Merwin’s implication that the boy had been seriously hurt by the dog before falling off the bed. The prosecutor pointed out that the boy continued to play and walk around.

Several of the doctors said it was highly unlikely, if not impossible, that Alexander would be able to play or walk if he had suffered a serious injury.

The trial is expected to go to the jury today.

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