MOOREFIELD, W.Va. - A Hardy County grand jury indicted two men on child neglect and abuse charges, one of which resulted in the death of a 2-year-old and the other in serious injury to a 3-month-old.

Roy C. Fields, 37, of Moorefield was originally charged with the death of a child by child abuse by the investigating officer with the West Virginia State Police, a charge that could have carried a sentence of up to 40 years in prison.

Hardy County Prosecuting Attorney Lucas See said the charge was changed for the indictment to child neglect resulting in death.

"The original charge indicated intent to harm the child and that wasn't the case," See said. "Neglect resulting in death carries a sentence of one to five years in prison if he is convicted."

According to the police report filed by Senior Trooper E.M. McFarland, who responded to a call from Grant Memorial Hospital where the child had been taken after she was found to be unresponsive, Fields was baby-sitting Navier Redman at his home on Misty Terrace.

He told police he had been sleeping with the child on the couch from about 9 a.m. to noon and when he awoke the little girl was unresponsive and cold.

The officer noticed the strong odor of alcohol on Fields breath during the interview and asked him if he had been drinking. Fields said that he had two 22-ounce beers and a fifth of Mad Dog wine the previous day, ending about 2 or 3 a.m.

He agreed to a test at about 2 p.m. which indicated his blood alcohol at that time was .043 percent.

The child's mother, Margarita Redman, said she left the child with Fields that morning and went to work.

Tony Richards, Fields' live-in girlfriend, told police she last saw the child between 8 and 8:30 a.m.

She said Fields and the little girl were sleeping on the couch facing the back of the couch when she left at 10:40 a.m.

Richards said when she returned at noon, Fields told her something was wrong with the child.

In a subsequent interview, Fields told police that at one point he held her on the couch because she wanted to get up and he wanted her to go back to sleep because he wasn't ready to get up.

He said that he may have held her too tight and possibly pushed her face into the back of the couch.

The report said Fields said he held her until she stopped squirming and he went back to sleep.

The state medical examiner's report indicated that there was a lack of injuries to the child that could lead to the possibility of asphyxiation.

Fields' attorney is Lary Garrett of Moorefield.

In the case of Daniel Frederick Ward II, 25, Huckleberry Lane, Cumberland, the charge and indictment was child abuse by a parent resulting in serious injury and child abuse creating a substantial risk of serious bodily injury.

On Feb. 20, a doctor at Grant County Memorial Hospital called the Department of Health and Human Resources hot line and reported that 3-month-old Khloey Ward was likely the victim of "shaken baby syndrome."

The infant was flown to Ruby Memorial Hospital in Morgantown for treatment and there she was diagnosed.

The report stated "beyond a reasonable doubt her injuries were the result of 'shaken baby syndrome.'"

The report indicated the child had fluid on the brain that had to be drained.

See said they don't know what permanent damage may have occurred.

Child Protective Service worker Nikki Lahman investigated the incident and as a result two siblings, ages 1 and 3, were removed from the home.

The older of the two told Lahman that her daddy had hurt the baby and demonstrated by violently shaking a toy with her arms extended in front of her, according to the report.

The children's mother is Jodi Cook and the family had been living on Chipley Lane in Moorefield at the time of the incident, according to officials, who also noted that Ward has since moved to Cumberland where he had lived previously.

Ward is being represented by J. David Judy III.

Pretrial hearings are set for July 3 in the cases. The court will consider pleas July 31 and jury trials for any unresolved cases will be held the weeks of Aug.11 and 25.

Judge Donald Cookman will preside over all proceedings, which will take place at the Hardy County Courthouse, 204 Washington St., Moorefield. The hearings and trials are open to the public.

Contact Mona Ridder at mridder@times-news.com.