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Man arrested, charged with shaking 3-month-old in Penacook

A Thornton man was arrested Thursday and charged with felony second-degree assault for shaking his girlfriend’s 3-month-old daughter and bruising her rib cage, the Concord police said.

Joshua Hutchins, 22, was arraigned yesterday in Concord’s district court on the Class B felony and four misdemeanor charges. He’s being held on $30,000 cash bail.

The police say Hutchins injured the daughter of Mary Barnes, Hutchins’s live-in girlfriend, at the Penacook home of Jolyne Marquez, Barnes’s sister.

Hutchins, Barnes and her baby had been staying at Marquez’s place “due to hurricane Sandy,” the affidavit said. Last Tuesday, after Marquez had left to bring her family trick-or-treating, Hutchins got mad at Barnes because she could not get him Percocet, which Barnes had received in July after delivering her baby via C-section, the affidavit said.

Hutchins then threw his wallet and hit Barnes in the nose, according to the affidavit, leading to a simple assault charge. The next day, Marquez said she heard crying downstairs at her home, the affidavit said.

Marquez went downstairs and saw Hutchins “violently shaking” the baby, said the affidavit. “This was described as (the baby’s) head moving side to side, and up and down repeatedly while her arms appeared to flap uncontrollably.”

For reasons that are not clear, Marquez brought Barnes, Hutchins and the baby to Hutchins’s home in Thornton, Lt. Timothy O’Malley of the Concord Police Department said, then brought the baby back to Concord.

“I don’t know that she sneaks out,” O’Malley said. “I don’t know the particular details, but it sounds like at some point she gets the kid out and comes back.”

At some point Wednesday, before Marquez went to the Concord police station, Hutchins called her twice, saying he planned to accuse her of kidnapping, the affidavit said. He also said, according to the affidavit, that he had a knife and would stab her, then threatened to kill her in a separate phone conversation. Those incidents resulted in misdemeanor charges of criminal threatening.

Later Wednesday, Marquez told the police about what she’d seen Hutchins do to the baby and what he’d said to her over the phone. She brought the baby back to the station the next day, at which time the police photographed bruises, which, according to the affidavit, “appeared to be small and round consistent with the size of someone’s fingertips.”

Concord Hospital filed a Protective Services Injury Form with the Division of Children, Youth and Families, the affidavit said, adding the hospital documented that a small bruise was seen on the baby’s right rib area, “as well as other marks on her body.”

“The allegations are serious,” O’Malley said. “We’re still investigating, and the child is still being evaluated.”

(Ray Duckler can be reached at 369-3304 or or on Twitter @rayduckler.)

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