ADAMS COUNTY, Pa. (WHTM)– An infant in Adams County died while sleeping with his father , who is accused of being on drugs, court documents say.

Nicholas Despines, 36, of New Oxford, faces a felony charge of endangering the welfare of a child in the death of his five-month-old son, court docs say.

According to a criminal complaint, Despines put the infant to sleep at the end of a couch, that he was laying on, and propped the child up against a pillow.

The baby was found not breathing after Despines woke up when the mother got home from work and the child was immediately rushed to the hospital where he died, State Police said.

According to the complaint, an autopsy found the baby’s cause of death was from “sudden unexpected infant death while bed sharing,” court documents say, and that there were other contributing factors as “parainfluenza,” “acute pneumonia” and “right otitis media,” or commonly know as an ear-infection.

“Asphyxia cannot be excluded and that bed-sharing with others and sleeping face down on a pillow both are considered unsafe sleeping environments,” the autopsy opinion also said, according to the complaint.

It was just after 12:30 a.m. on Feb. 22 when Troopers said they were dispatched for an infant who was not breathing at a home located along the 300 block of South St. in McSherrystown.

Despines denied being on drugs when Troopers interviewed him at Hanover Hospital, however he displayed signs that he was using drugs, such as having pinpoint eyes, his face was “sunk,” there were scabs on his forearms and his hands were large and swollen, according to the complaint.

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A blood draw showed there was fentanyl, methadone and other drugs in Despines’ system, according to the complaint.

When State Police tried to set up a date in June to interview Despines again, he did not show up, State Police said.

Despines is locked up in Adams County Prison on bail set at $25,000 and has a preliminary hearing scheduled for July 3.

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