BUTLER TWP — A mother on Thursday approved leniency toward the man who is charged with punching her 1-year-old child, but filed a lawsuit calling for accountability from Butler Health System.

Transported from Butler County Prison, Elijah Flick-Geibel, 19, of Butler, appeared before District Judge Kevin O'Donnell, accused of striking the child Nov. 16 in the emergency room at Butler Memorial Hospital. He is being held on $50,000 bond.

Flick-Geibel had been charged with felony aggravated assault on a child and misdemeanors simple assault and disorderly conduct, but an agreement was made to withdraw the felony charge. His other charges remain.

Arresting officer Rachel Dovidio said she talked with the mother, Kelly Miller of Butler, before making the agreement.

“We know (Flick-Geibel) has mental health issues that caused the issue in the first place,” Dovidio said.

After the agreement, public defender Mike McFarland assisted Flick-Geibel in waiving his right to a preliminary hearing.

Miller then attended a news conference along with her attorney Al Lindsay, and her husband, Jeramie Miller Sr., who is the boy's father.

The three discussed and answer questions related to a lawsuit filed Wednesday on behalf of the parents against Butler Health System.

The suit claims BHS was negligent in the situation and could have prevented the Nov. 16 incident.

“(Elijah) Flick-Geibel came after the plaintiff Kelly Miller and her son, swung his arm and violently punched the child in the right cheek, the only part of his body that was exposed,” the lawsuit states.

BHS official said the health system cannot comment on pending ligation.

This is an excerpt from a story that will appear in Friday's Butler Eagle.