Les Stewart

Lebanon (Pa.) Daily News

LEBANON, Pa. — A Pennsylvania couple was charged Tuesday, more than 10 months after their 4-month-old son was found dead in their home.

The charges — endangering the welfare of a child for both Jason Kurtz, 37, and Kimberly Sourwine, 31, of Lebanon, Pa., and aggravated assault and simple assault for Kurtz — reflect the uncertainty about the boy's cause of death Jan. 12 in spite of an autopsy, said Dave Arnold, Lebanon County district attorney.

"We spoke to the pathologist several times, and the pathologist was not able to link the death of the child to the actions of any person," Arnold said. "If we can't prove causal link to the death of the child, we can't charge."

Both the infant and his twin brother, whose names were not released, had rib fractures that were healing, Lebanon police said. Additionally, the dead child had a right rib fracture that was considered potentially severe.

If a rib has broken into several pieces, a jagged edge can damage blood vessels or internal organs, according to the Mayo Clinic.

2 social workers charged with manslaughter in toddler's death

Someone squeezing a baby's ribs could cause the rib injuries to the surviving boy, Dr. Kathryn Crowell, a member of the child protective team at Hershey Medical Center in Hershey, Pa., told police. The boy who died also suffered compression of the vertebrae, possibly from being dropped or being slammed down with force.

Although two other children, ages 6 and 9, were in the house, those children likely did not cause the injuries, the doctor said.

"I use his car seat all of the time to carry up groceries and tea; maybe it's too much pressure on him," according a text message that police found on Kurtz's phone. "Last week, I brought him up with 2 gallons of tea, so maybe that could be part of the cause."

The three other children have been placed in foster care, Arnold said.

The dead child was in Kurtz's care before his wife found the infant unresponsive in a swing. Kurtz told police he had tried to feed the boy formula but he drank only a small amount of formula so the father placed the child face down in a swing to get him to sleep.

More than two hours later, Sourwine came home from work, went upstairs to watch television and then about an hour later went to check on her child, the police affidavit indicated. She called 911, and the boy was taken to the hospital and officially pronounced dead.

Both Kurtz and Sourwine were arraigned Nov. 8 in Lebanon County Magisterial District Court and had bail set at $750,000 each. Their preliminary hearing is scheduled for Dec. 22 in front of District Judge Thomas Capello.

Follow Les Stewart on Twitter: @lesstewart2

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