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INDIANAPOLIS, Ind. — We’ve just learned a Marion County judge released a man charged in his infant son’s death to await trial on home detention and GPS monitoring.

Police said Brandon Herring’s 4-month-old son had injuries consistent with being shaken at the time of his death.

Herring is also accused of cutting off his GPS monitor and running from authorities in October. Around ten days later, U.S. Marshals arrived at a home where he was hiding and, after some negotiation, they entered and Herring was led out in handcuffs.

Still, Judge Shatrese Flowers gave him another chance for pre-trial release Thursday.

“She gave him another chance and she’s letting him be home on Christmas this year,” Savannah Thompson, Jaxson’s mom, said. “That’s all I wanted was Jaxson to be home for Christmas so I could take pictures with him for the tree or, like everyone else is doing, have their baby wrapped in lights. You know, just stuff like that and I won’t get to do that. But he gets to be home for Christmas with his family.”

The state did object to the judge’s decision to release Herring. Savannah said she questions why Flowers granted release after he reportedly cut off his device weeks ago.

“I just don’t understand how if a dog bites a kid, they’re put down,” Savannah said. “But, if their dad kills them, nothing happens. They get a slap on the wrist and get on GPS.”

The alleged abuse prior to Jaxson’s death took place inside an apartment on S. Pennsylvania where the suspect called 911 the week before to report his child had stopped breathing. Court documents said Jaxson’s mother, Savannah, left their son in Herring’s care to go to work.

Those documents say Jaxson’s injuries included multiple brain bleeds and retinal hemorrhaging. The child protection team’s physician stated the findings were consistent with rapid acceleration-deceleration injury, which the doctor said likely means the baby was shaken.

Court records show Herring initially denied hurting Jaxson, before admitting to dropping him then finally confessing to shaking him.  

Court records indicate Herring’s trial is set for December 13.