A Westmoreland County judge ruled that no crime was committed involving the death of 5-week old baby who suffocated while sleeping with his father on a sofa nearly two years ago in Vandergrift.

Charges of involuntary manslaughter and child endangerment were dismissed against Owen Labrenn Copney, 27, whose newborn son, Isiah, was found unresponsive on his chest when he awoke from a nap.

Judge Meagan Bilik-DeFazio, in an eight-page ruling, sided with Copney’s argument that his son’s death was a tragic accident and not a crime.

“This case plays out a scenario that is very common in most families with newborns. This is a tragic loss for this family, however, this court finds that the conduct does not rise to the level of recklessness or gross negligence,” Bilik-DeFazio wrote.

Prosecutors contended the baby’s mother left the child with Copney on Sept. 17, 2018, while he stayed at a friend’s home in Vandergrift. According to court records, Copney fell asleep while holding the baby and, after an hour, awoke to find his son unresponsive as he lay across his chest, discolored and sweaty with the newborn’s head facing the couch and under his father’s armpit.

The baby died two days later at Children’s Hospital in Pittsburgh. His cause of death, according the autopsy report, was Sudden Unexplained Infant Death Syndrome.

“The testimony established that defendant appeared to be holding the child securely on his chest when he fell asleep on the couch; there did not appear to any obstructions present such as blankets and defendant denied being under the influence of any drugs or medication at that time,” Bilik-DeFazio wrote.

Defense attorney David Regoli on Friday called the child’s death an “horrific accident.” He said Copney and the child’s mother lived separately and that she dropped the baby off with his father shortly after he returned home from working a double shift.

“He has to live with this for the rest of his life,” Regoli said. “There is no punishment the court can give him that he doesn’t already endure every day. His baby died.”

Copney has been free on bond since his arrest in March 2019.

Prosecutors contended Copney previously had been twice told by the baby’s mother not to fall asleep with the child and filed criminal charges saying his refusal to heed those warnings ultimately led the the child’s death.

Assistant District Attorney Judy Petrush said she is evaluating the judge’s ruling and has not decided whether to appeal.

“It was a tragic accident but, because of the prior warnings, the charges were filed,” Petrush said.

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