FARGO – A West Fargo man faces felony charges of manslaughter and child neglect in the apparent bathtub drowning of one of his children last month, according to Cass County District Court documents.
Spencer Warren Foner, 27, was arraigned Tuesday, April 24, appearing in court via interactive television from the Cass County Jail, where he’s being held in lieu of $5,000.
According to court documents:
West Fargo police were dispatched March 7 to Foner’s apartment, and officers found him standing over an 8-month-old child who was not breathing. One of the officers immediately began life-saving efforts, and shortly thereafter, an ambulance crew took the child to a local hospital.
The infant later died, and a preliminary autopsy listed the cause of death as drowning, according to an affidavit dated April 13.
While at the apartment, officers saw another child, either 3 or 4 years old, in a bathtub that contained about 8 inches of water.
Officers smelled marijuana and saw marijuana paraphernalia, including pipes and a bong, in multiple areas of the apartment, including areas the toddler could access.
There was also garbage, dirty dishes and soiled diapers found in several places, and one bedroom contained a cat’s scattered litter box.
Initially, Foner told officers that he had not put the 8-month-old in the tub. Later, Foner told a detective that he had put the child in a Bumbo seat, a device that allows children to sit up who cannot yet sit up on their own in the tub. He said he then ran the water to where it just entered the Bumbo seat, took out the drain plug and shut off the water.
Foner said his older child said he