SOMERSET, Ky. (WKYT) - October 18th…and Bob EvansRestaurant in Somerset was about to close. Codey Rose said her then boyfriend, Robert Miller, walked in, and in his arms was her 2-year-old son, Hunter. She said he was unresponsive.
“He was really stiff and everything. I freaked out. I thought he was choking at first,” said Rose.
The restaurant manager called 911.
"Yes, it is mucus and, like sometimes...he'll ...he'll be doing just like normal breaths, and then he'll take a really deep breath that sounds very mucusy. I don't know if it's snot or vomit or what, but it is just running out of his nose and mouth,” the manager is heard saying in the 911 recording.
Moments later the boy was airlifted to UK Hospital in Lexington.
“Determined he had a severe brain injury with swelling causing what’s caused a mid-level shift of the brain,” said Somerset Police Det. Chris Gates.
Police launched an investigation and indicted Miller, 22, who they say was the only one with Hunter the night he was hurt.
Police say they are still trying to figure out what Miller’s motive was, but they say they have since learned more about his alleged behavior.
“To his own admission, there was an admission of the use of a controlled substance just prior to the injury on this child,” said Det. Gates.
Hunter is out of the hospital and is improving but still has to undergo therapy.
“He is walking again, on his own, still has a limp. They don’t know if he will have a permanent limp or not. He has diminished use of his left side,” said Kim Rose, Hunter’s grandmother.
Miller declined a chance to give his side of the story from jail, where is being held on a $100,000 bond.