Roger L. Dry, 35, of Eucha is charged in Delaware County District Court with first-degree murder. He is set to be arraigned Thursday, Wyant said.

The child, identified as Emily Hernandez, died Tuesday at St. Francis Hospital in Tulsa of shaken-baby syndrome after being on life support for a day, a police affidavit states.

Emily was flown by helicopter to the hospital after authorities received a 911 call shortly after 9 a.m. Monday.

According to the affidavit, Dry told authorities that he was watching the toddler at his rural Colcord home while his girlfriend, Mary Bartleson, took Emily’s sibling to school. Emily began crying and wouldn’t stop, so Dry spanked and shook her, he told authorities.

When Emily continued to cry, Dry spanked her, “telling her to shut up and be quiet,” the affidavit states. The toddler then vomited on Dry, so he shook her violently six or seven times, telling her to stop crying and be quiet, the affidavit alleges.

Emily became quiet, and Dry lay her on the bed on her stomach with a drinking cup, the affidavit states.

Dry said he was in the shower when Bartleson came home and he heard her scream. When he got out of the shower, he said, he saw Bartleson holding Emily in her arms and yelling that she wasn’t breathing, the affidavit states.

Beth Scott, a spokeswoman for the Oklahoma Department of Human Services,

Court records show that Dry pleaded guilty in 2005 to a misdemeanor charge of driving under the influence and possession of marijuana and received a one-year suspended sentence. Also that year, he pleaded guilty to a misdemeanor charge of public intoxication and received a one-year deferred sentence, records show.

In 1996, Dry received a deferred sentence on a misdemeanor charge of driving under the influence and was fined for transporting an open container of beer, records show.