Tyler Brian Hogan’s lawyer has agreed to proceed to trial after a preliminary hearing.
The 41-year-old man is accused of killing his girlfriend’s nine-month-old son.
The baby boy died of blunt force trauma on April 28, 2016. Police say the mother had left the baby in the care of her boyfriend, Hogan, while she went to work.
Lethbridge EMS were called to a home on the north side of Lethbridge, after a report that a baby was in medical distress. The child was rushed to hospital where he later died. Hogan was later charged with second-degree murder.
Tonii Roulston is representing Hogan.
“Our decision as defence counsel was to consent to commit, based on the evidence that’s before the court and the test required in law.”
Referring to the test, she explained: “The standard test in a preliminary inquiry is something we refer to as the Shepherd Test, and the test is a very low threshold. And what it states is: could a jury, properly instructed, return a verdict of guilty based on the evidence before the court.”
Hogan and his lawyer appeared in court on Wednesday for the pronouncement that the trial date will be set on Jan. 8.
The preliminary trial is anticipated to begin in February or March.
“Right now, we’re looking at some preliminary applications,” Roulston said, “possibly at the end of February.”