The Warren County prosecutor intends to have another trial of a Springboro man on “shaken baby” charges after a jury was unable to reach a decision in the case last month.

A 3-year-old boy is in a vegetative state, after his mother left him in the care of her fiance Jason Milby, 29, of Springboro. Milby was charged with two second-degree felony counts of endangering children and felonious assault. A jury of eight women and four men declared themselves deadlocked after deliberating for eight hours over two days in June. Judge Robert Peeler declared a mistrial.

Prosecutor David Fornshell says he plans to re-try the case but a trial date has yet to be determined.

“Our office continues to believe that Mr. Milby is responsible for the serious and permanent brain injury that was inflicted upon little Bryce Shannon while he was in Mr. Milby’s care,” Fornshell said.

The toddler nearly died and prosecutors maintain Milby violently shook the boy and then slammed him on a mattress.

Milby’s attorney Jon Paul Rion said a number of events that led up to the medical emergency, including a fall from a chair, could have caused the injury.

Rion could not be reached for comment, but he said after the trial they polled the jurors and at least half said there wasn’t enough evidence to convict.

“I think everyone is satisfied that the jury gave this case great consideration,” he said. “It’s not as if there’s more facts to come out at another time. The jury heard everything. It was a very educated and thoughtful jury, so we’re satisfied they gave this their best effort and came to the conclusion that no clear determination can be made.”

Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.