Matt Mencarini, Lansing State Journal

LANSING – A decade after serving more than three years in prison for abusing his 8-month-old daughter, a man formerly of Lansing has been charged with murder in connection to the same incident.

Marcus Claudius Oglesby, 33, of Runnemede, N.J., was found guilty by a jury in 2003 of second-degree child abuse of his daughter on a day he was left alone to care for her. Oglesby was 19 at the time, according to court records.

His daughter, Keyaria Oglesby, suffered bleeding in her brain and as a result would never walk, talk, hear or be able to swallow or feed herself, Catherine Emerson, an assistant county prosecutor, told the jury in 2003 during closing arguments.

"In fact, this child is just living dead," she said at the time.

Keyaria, 13, died Nov. 29 in Bay County, Ingham County Chief Assistant Prosecuting Attorney Lisa McCormick said Tuesday. She added that an autopsy determined that Keyaria's death arose from circumstances related to the child abuse case.

Oglesby was charged July 12 with murder. He now faces up to life in prison if convicted.

Julie O'Neil, Oglesby's attorney, didn't return a message seeking comment.

McCormick said the law allows prosecutors to charge someone in a homicide even if the death occurs after a conviction on lesser charges. She added that the elements of second-degree child abuse and the murder charge are different and double jeopardy, which prevents two convictions for the same crime, doesn't apply.

Oglesby was extradited from a jail in New Jersey where he was being held on unrelated charges, Lansing Police Public Information Director Robert Merritt said.

He's being held without bond in the Ingham County jail awaiting a preliminary hearing, according to court records.

Oglesby testified during his trial in 2003 and said he, Keyaria's mother and Keyaria were living together with in a Lansing apartment when Keyaria was injured.

The morning of Aug. 22, 2002, Keyaria's mother left for work and Oglesby and his daughter were in the apartment alone, he testified. He added that he was playing with her and playfully tossing her in the air and catching her.

"I threw her up about five times," he testified. "After the fifth time I threw her up she just slipped out of my hand and I tried to grab her and she swung and hit the left side of her face on the edge — on the arm of the chair and then she fell and hit — hit the floor on the right side of her face, and then she just — I was so shocked that I didn't know what to do."

Oglesby testified that he was in shock for several minutes and then ran from apartment to apartment until someone answered and he called 911.

However, Dr. Stephen Guertin, who specializes in pediatric medicine and child abuse, testified during the trial that Keyaria's injuries were "classic for abuse," including injuries to both sides of her face.

"My opinion is that the child was almost certainly, almost absolutely, with the exception of a one in thousands chance, and in fact even that I don't believe because of injures on both sides of the face," he testified, "so I believe this child was abused. ... I believe the mechanism was blows to the baby's head."

Contact Matt Mencarini at (517) 267-1347 or mmencarini@lsj.com. Follow him on Twitter @MattMencarini.

What's next

Marcus Oglesby, 33, is charged with murder in connection to the death of Keyaria Oglesby. He faces up to life in prison if convicted. A preliminary hearing has been scheduled for Aug. 8 in 54A District Court in Lansing. The hearing will determine if there's enough evidence for Oglesby to stand trial.