YERINGTON, Nev. (KOLO) - A new trial is underway for the Lyon County man accused of killing his girlfriend's 2-year-old son nearly 6 years ago.
It was November 23, 2010 when Cody Wallace called 911, saying Thomas O'Connell IV had stopped breathing. The boy later died of blunt force trauma. But according to court documents, Wallace consistently denies hurting the child.
Several mistakes made in the courtroom, including the late disclosure of material to the jury, led to several delays, explaining the trial in 2016. There had already been a mistrial.
In Lyon District Court in Yerington February 17, the boy's mother described her conversation with Wallace about the child's injuries.
"He said basically, he wasn't breathing. I said, 'What happened?' He said, 'Either the paramedics are here or they are on their way, I don't recall' I remember dropping the phone."
Trial is expected to take several weeks.