MECHANICSBURG — A Shamokin man accused in Cumberland County for the 2016 death of his infant daughter was unable to convince a Cumberland County Judge to throw out the first-degree murder charge on Monday.

Derrick Yohe, 30, appeared on Monday with before Cumberland County President Judge Edward E. Guido on a motion to quash the first-degree murder charge, but the judge determined there was enough evidence to send the case to trial and denied the motion. Yohe is represented by court-appointed attorney Amanda Ann Batz, of Camp Hill, and the prosecution is led by Assistant District Attorney Michelle Sibert.

Yohe and the child's mother, Emily Joy Kirby, 28, of Shamokin, were both allegedly 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 Weikert's report.

A doctor determined in 2016 that the cause of death was complications of asphyxia and the manner of death was a homicide. The county coroner determined 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 remains incarcerated at Cumberland County Prison after he was denied bail, but Kirby was released on July 26, 2019, on $75,000 unsecured bail. Yohe on Sept. 15 and Kirby on Oct. 1 are scheduled for pre-trial conferences.

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