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Trial underway for PBSO deputy accused of choking 5-year-old boy

Posted at 7:13 PM, Oct 31, 2017
and last updated 2017-11-01 09:02:02-04

A little boy who wet the bed is now at the center of a trial involving a former Palm Beach Sheriff's Office deputy. 

Roger Kirby is on trial for choking the 5-year-old in 2014. 

On Tuesday the boy, now 9-years-old, was dressed in a gray suit and a blue tie and was very reserved as he took the stand.

According to the 2014 arrest report, Kirby choked the boy for constantly wetting the bed. 

The boy told investigators that Kirby also made him stand in the bathroom for hours as punishment. 

He also says Kirby even shoved a wet diaper in his face after he had an accident in bed. 

Prosecutors say the boy suffered multiple injuries, including hemorrhaging to his eyes and a swollen lower lip.

The defense maintains Kirby is innocent - and had nothing to do with the boy's injuries. 

In a video shortly after the incident, the boy told an investigator he fell out of bed. 

Additionally, a doctor who observed the child took to the stand to talk about what she didn't see. 

“Did you observe, when you looked at the child, any bruising on his neck?” Defense Attorney Michael Salnick asked.

Doctor: “No I did not.” 

Salnick: “Any bruising at all, abrasions, anything of that nature.”

Doctor: “No I did not.”

Even though the boy's story changed, the state says that's not uncommon with children in traumatic cases like this. 

They also tried to poke holes in the fall argument, with one medical witness saying that fall would have to be from a pretty high distance. 

“Perhaps a bunk-bed, and just falling just right, I guess it's a possibility.”

PBSO says Kirby has been on unpaid administrative leave since 2014.

If convicted, Kirby faces up to 35 years in prison.

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