Justin Cole Moore

OELWEIN -- The conviction of a Hazleton man's whose girlfriend's son was injured while he was babysitting in 2016 has been upheld on appeal.

Justin Cole Moore, 29, was convicted of child endangerment causing serious injury during a 2017 trial.

Prosecutors said Moore was looking after the 23-month-old child on Aug. 30, 2016, in Oelwein while the mother was at work when the boy was found with injuries to internal organs, subdural bleeding in his head and extensive bruising.

Moore said he had been playing video games and heard a noise in the bathroom and found the child on the floor. He said the boy had been using a stool to use the bathroom and slipped.

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When the mother returned home, the boy's eyes were rolled back into his head and he was struggling to breathe. Doctors said the injuries couldn't have happened as described in the bathroom fall.

On appeal, Moore argued the jury was given improper instructions regarding his out-of-court statements and about the term "reasonable degree of medical certainty."

The Iowa Court of Appeals affirmed the conviction in a ruling filed on Wednesday.

Moore is serving up to 10 years in prison.

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Cops and courts reporter for the Courier

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