Man sentenced to prison in murder of 2-month-old

A man accused of killing his 2-month-old son has been sentenced after he pleaded guilty to murder and other charges.

James Kyle Gilmore, 33, was sentenced by Montgomery County Common Pleas Court Judge Dennis J. Adkins to 15 years to life in prison with mandatory lifetime post-release control. He was also ordered to pay $1,867 in restitution, forfeit a firearm to the Dayton Police Department and was designated a Violent Offender, according to the Montgomery County Prosecutor’s Office.

Credit: Montgomery County Jail

Credit: Montgomery County Jail

Gilmore was charged after the death of his son Kyle K. Gilmore on July 29, 2022 at Dayton Children’s Hospital.

The Montgomery County Coroner’s Office said that the cause of death was blunt force injuries to the head and asphyxia and ruled the death a homicide.

Police and medics responded on July 21 to an apartment in the 3300 block of White Oak Drive after a man, later identified as Gilmore, called 911 to report a baby not breathing.

He said that he was home alone with his children and didn’t know how long the baby hadn’t been breathing. When asked, he said he last saw the baby breathing “40 minutes ago,” according to Montgomery County Regional Dispatch Center records.

Medics took the baby to the hospital, where the staff noticed injuries consisted with abuse, according to an affidavit filed in Dayton Municipal Court.

Gilmore told police he didn’t know what caused the baby to be unresponsive, but police found video from July 21 that showed Gilmore “taking actions to prevent (the infant) from breathing, leading to his eventual unresponsiveness,” the affidavit said.

Gilmore pleaded guilty Aug. 26 to one count of murder, one count of attempting to commit tampering with evidence and two counts of endangering children.

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