VOLUSIA COUNTY, Fla. — A child involved in a 2023 shaken baby case in Volusia County has passed away, leading authorities to think about increasing the charges against the man previously convicted in connection with the case.
The 3-month-old child with severe brain injuries died at 3-years-old during hospice care, according to the Volusia County Sheriff’s Office.
The case started in January 2023 when the infant was taken to a hospital from a home in Ormond Beach after losing responsiveness and experiencing cardiac arrest.
Doctors later found the child had numerous injuries and fractures characteristic of abuse, including trauma from violent shaking.
Investigators identified Malcolm Nelson, a 32-year-old from Orlando and the child’s father, as the suspect. Authorities reported that Nelson confessed to shaking the infant several times, including on the day the child lost consciousness.
Nelson was later arrested and ultimately pleaded no contest to aggravated child abuse. He was sentenced in June 2025.
After the child’s death, the Volusia County Medical Examiner’s Office has taken custody of the body and will perform an autopsy. Sheriff Mike Chitwood stated that investigators will review the autopsy results and medical records to decide if the death is considered a homicide.
If so, officials say they intend to pursue upgraded charges against Nelson.
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