EagleTribune.com, North Andover, MA

Haverhill

November 28, 2009

Haverhill man accused of shaking baby to spend Thanksgiving in Methuen, not jail

HAVERHILL — A man accused of shaking his infant daughter and seriously injuring her will spend Thanksgiving at his grandmother's house in Methuen, instead of jail.

Ivan Rosario, 18, of 46 S. Prospect St., Haverhill, was released on bail Tuesday after a dangerousness hearing in Haverhill District Court. The judge ordered Rosario to stay in his grandmother's house from 5:30 p.m. to 8:30 a.m. daily, and is only allowed out of the house to seek employment or to further his education.

Rosario is accused of shaking his 3-month-old daughter Yolisse Rivera on Nov. 8. She was taken to New England Medical Center in Boston for a brain injury, which Essex County district attorney's office spokesman Steve O'Connell previously described as "very serious."

Yesterday, The Eagle-Tribune spoke to a young woman who came to the door at 46 S. Prospect St. and said the baby girl is doing "very good." The woman would not provide her name or any additional information about the child.

According to investigators, Rosario was watching the baby as her mother prepared a bottle.

Rosario, who is 6 feet tall and weighs 220 pounds, told police he picked up the infant, held her over his head, and shook her in an effort to get her to stop crying.

Police said he told them he did this several times and the crying stopped, but then she had trouble breathing.

The baby's mother, whose name is being withheld, came in from another room and they called 911. O'Connell said the 911 call was made Nov. 8 around 3:30 p.m. He said Rosario was sharing the apartment with the baby's mother and her family members.

Emergency personnel first took the baby to Lawrence General Hospital and then transferred her to New England Medical Center.

He is charged with assault and battery on a child causing substantial bodily injury. He faces the possibility of 15 years in state prison or two and a half years in a house of correction if found guilty. He had been in the Middleton jail since his arraignment Nov. 10.

In addition to staying at his grandmother's house, Rosario must follow through on mental health treatment, is not to use any drugs or alcohol and must submit to screenings, and must comply with any conditions set forth by the Department of Children and Families. Rosario also must report to probation weekly.

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