Judge Rejects Plea Agreement For Man Accused Of Killing Toddler

A Bucks County judge rejected a plea deal for a man accused of killing a toddler in Falls Township.

Judge Theodore Fritsch said in court Tuesday morning that he would not accept the plea agreement between Shawn Robert Felmey, 45, and prosecutors.

The rejected deal, which was proposed in February, would have seen the 45-year-old former Falls Township man plead no contest to endangering the welfare of a child and face up to 23 months in county prison with time served and five years probation.

While the plea appeared to be heading toward being accepted in February, the judge told the parties in an April status hearing that he would not accept the deal.

In court on Tuesday, Fritsch said he “did not want to be bound by the recommended sentence.”

The rejected plea deal dropped the homicide charge.

It was not mentioned in court in February or on Tuesday why prosecutors were seeking to drop the most serious charge and maneuvering for the light sentence. The district attorney’s office declined comment on the case after court.

Felmey’s defense attorney has filed paperwork to withdraw his plea, but requested more time to meet with her client.

In court papers, Felmey is accused in the death of 22-month-old Brandon Warner, who was found deceased on December 18, 2018, in the basement of a two-story apartment in the J building at the Commons of Fallsington.

The boy, who was Felmey’s girlfriend’s son, was deceased at the time emergency responders arrived. He was found with swelling on his right eye, the right side of his head, and blood and vomit on his face and chin. An autopsy found he died of head trauma, court papers stated.

Investigators concluded that Felmey was the only one in the apartment who went downstairs where Brandon was sleeping leading up to his death, authorities said.

The boy’s autopsy found the fatal injuries could not have been caused by a toddler, authorities said.

Felmey told detectives when he was interviewed after the death that he has dealt with anger issues while drinking, which he had done December 17 into December 18, according to court papers.

Felmey reportedly lied to investigators during their probe.

Authorities said Felmey lived in the apartment with four other adults and five children, including his girlfriend, her son Brandon and daughter, and Felmey’s two kids.

It has been alleged in court papers that a resident of the apartment told police Felmey had been rough with Brandon twice in the past and they had spotted unexplained bruising on the child.

Brandon’s identical twin brother, Dylan, died in July 2017. An autopsy at the time said the fatality was caused by sudden infant death syndrome, the coroner’s office said.

Following Brandon’s death, Felmey left Bucks County for Florida and was arrested a year ago by Falls Township and Bucks County detectives who traveled to Melbourne, Florida.

Fritsch, prosecutors, and Public Defender Suzette Adler were in the courtroom in Doylestown Borough on Tuesday, while Felmey joined the hearing via video from the Bucks County Correctional Facility. The defendant was wearing a surgical mask over his face.

Adler said it court that she has talked with her client via an unrecorded phone call, but wishes to meet with him in person to discuss the case. Due to COVID-19, she was working with the prison to accommodate an in-person meeting with Felmey.

The case is likely heading to trial, but there remains room for a new plea deal for the judge’s consideration.

Under the latest emergency order, President Judge Wallace Bateman affirmed there will be no jury trials in the county before August 3.

Fritsch told the court he hopes to see a trial sooner rather than later if one is needed.

Felmey remained in the Bucks County Correctional Facility as of Tuesday afternoon unable to post bail.

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