A preliminary hearing for a Shamokin man facing homicide charges in Cumberland County for the 2016 death of his infant daughter was delayed on Tuesday to a later date in September.
Derrick Lee Yohe, 29, will now appear in front of District Judge Kathryn H. Silcox in Mechanicsburg at 10 a.m. Sept. 30. The mother, Emily Joy Kirby, 28, of Shamokin, who is facing aggravated assault charges in the five-month-old girl's death, is scheduled for a formal arraignment at 9 a.m. Sept. 19 in Cumberland County Courthouse
Police say Yohe and Kirby were both high while their daughter was dying in her crib after ingesting marijuana and asphyxiating on vomit on Aug. 16, 2016. They waited for more than an hour before calling 911 after finding their infant daughter unresponsive and blue, according to police.
A doctor determined in 2016 that the cause of death was complications of asphyxia and the manner of death was homicide. An addendum sent in January by the county coroner showed that additional testing of the soft tissue behind the eyes of the child revealed a "traumatic brain injury in the days, weeks or months before the child's death," police said.
Yohe was charged with six felonies: One count of criminal homicide, two counts of aggravated assault, two counts of aggravated assault against a victim less than 13 years old, and one count of endangering the welfare of children. Kirby was charged with three felonies: one count of aggravated assault, one count of aggravated assault against a victim less than 13 years old and one count of endangering the welfare of children. Both individuals are also facing three misdemeanors each: Recklessly endangering another person, personal use of a small amount of marijuana and use and possession of drug paraphernalia.
Yohe is represented by Cumberland County Public Defender Catherine Heller Law. Kirby is represented by attorney Stacy Barker Wolf, Carlisle.
Yohe remains incarcerated at Cumberland County Prison after he was denied bail, but Kirby was released on July 26 on $75,000 unsecured bail.