A Riley County judge on Monday set a new trial date for a Manhattan man accused of killing an infant after his first trial resulted in a hung jury.
Judge Meryl Wilson set the five-day trial for D’Khari Lyons to take place Jan. 13-17.
Lyons is charged with first-degree murder and abuse of a child in connection with the November 2018 death of 2 1/2-month-old Michael Calvert Jr.
A September trial ended with a hung jury after it could not reach a unanimous verdict.
Wilson also granted Lyons a bond reduction from $500,000 to $100,000 with the condition that Lyons doesn’t leave the state and checks in weekly with a supervisor if he posts bond.
Defense Attorney Cole Hawver said Lyons is not a flight risk as he has a godbrother in Kansas, as well as no prior criminal history and therefore not a “dangerous individual.”
According to testimony and evidence presented in the case, Lyons was watching Michael for a short period the morning of Nov. 8 while his then-girlfriend took her other children to school. When she returned, the two of them reported to authorities that Michael was having trouble breathing and had bruises on him.
Emergency responders took the baby to Ascension Via Christi Hospital and then to Children’s Mercy Hospital in Kansas City, Missouri, where he died three days later.
Officials ruled that Michael died from blunt force or abusive head trauma after sustaining severe internal injuries.
Prosecutors alleged that Lyons lashed out at the child in momentary frustration to stop him from crying.