Attorney: Not enough evidence for murder charge for father accused of killing 3-month-old

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An attorney representing the dad accused of killing his 3-month-old daughter said there's not enough evidence in the case to warrant a murder charge.

Charles Hamilton appeared before a Gwinnett County judge on Wednesday. You may remember a few weeks ago authorities searched for Hamilton after they said he fled to the Dominican Republic.

Detectives said Hamilton was the last one with the little girl, and the mother had just left to go to the laundromat.

According to both her and Hamilton's testimony, the three-month-old was fussy when she left but not hurt. Then 45 minutes later, something happened to Adrianna. She was gasping for air and Hamilton was performing CPR on her when paramedics arrived.

Charles Hamilton is charged with murder, child cruelty, and aggravated battery for the death of his 3-month-old daughter Adrianna.

Detective Dana Laney testified that she spoke with the medical examiner who ruled the child's death a homicide.

"She stated the trauma to the head she observed would cause the child to have immediate effects and reaction to the trauma such as difficulty breathing," said Laney.

Charles Hamilton told police he never hurt the child. According to the detective, Hamilton said she was fussy.

"He laid the child down to have some tummy time, the child began to cry some more so he picked her up and tried rocking her, " said Laney.

Laney said Hamilton said he changed Adrianna, gave her a bath, but she was still fussy so he swaddled her. That's when he says five minutes later he heard her gasping.

EMTs rushed Adrianna to Children's Healthcare of Atlanta at Scotish Rite, where doctors noted swelling of her brain, as well as fractured ribs at different stages of healing.

A few days later police had a warrant for Hamilton's arrest, but he was gone.

When he did return from the Dominican Republic, authorities took him into custody, charging him with Adrianna's murder. A charge his attorney doesn't think is warranted

"The problem I have is there's nothing in the evidence to prove or establish probable cause that he alone is responsible for injuries in this case and ultimate cause of death. I don't believe this case warrants the charge as it stands now."

The judge in the case disagreed and sent the case over to superior court.