UPDATE: Waldorf Man who Killed His 13-Month Old Daughter Charged With First-Degree Murder

April 15, 2020
Robert Earl McKay, III, 29, of Waldorf

Robert Earl McKay, III, 29, of Waldorf

UPDATE 4/15/2020: On April 14, McKay was charged with first-degree murder. He is being held in the Charles County Detention Center with no bond.

4/2/2020: On March 28, 2020, officers responded to an apartment on St. Thomas Drive, in Waldorf, for the reported subject not breathing, Upon arrival, EMS and officers arrived on scene and located the 13-month-old inside the residence having trouble breathing, EMS began CPR and transported the victim to Charles Regional Medical Center.

McKay, the child’s biological father was the only person inside of the residence with the child and the sole custodian of her, and had called 911 and reported his daughter was making weird noises and appeared to be having trouble breathing.

Upon arrival at the hospital, medical staff began providing care and observed bruising to the forehead of the victim, which began to swell. Medical staff discovered swelling and bleeding to the frontal lobe of the victim’s brain, as well as blood in her nose and significant blood in her urine, Medical staff provided the preliminary diagnoses of the victim as having phenomena and stated she is in critical condition. A CT scan for further injuries could not be completed due to the victim’s pulse rate continuously dropping.

Police arrived on scene and met with Robert McKay outside of CRMC, and he stated he was home, alone, with his daughter all night. McKay said his daughter was acting normal and did not seem to have any issues prior to him calling EMS, He said he was laying in his bed, with his daughter sleeping on a mattress on the floor next to his bed, when he heard the victim making weird noises, he said it sounded like she was having trouble breathing and he immediately called EMS. McKay stated the victim has had a running nose, a slight fever and a mild cough for a few days but stated he did not think it was anything to be concerned about. He denied the child receiving any types of injuries within the last few days. He said she is learning to walk and falls often but has not fallen or caused injury to herself that seemed to cause any long-term issues, and he has not seen any bruises or swelling on her within the last week.

Police described the child as having significant visible swelling to the front portion of her head, bruising on the right side of her head, bruising to both eyes and visible bruises on the top portions of both
Thighs. While at CMC, the child went into cardiac arrest several times.

The child was transported to Children’s National Hospital, where she succumbed to her injuries and was pronounced deceased.


When Robert Earl McKay III, was 18, he was found guilty of attempted murder in the second degree in Duluth, Minnesota. McKay was also found guilty of attempted assault in the first degree, assault in the second degree and possession of a firearm by an ineligible person.

McKay, shot another teenager in the abdomen with a 7.65-mm semiautomatic.

During the trial a witness said McKay thought it was “cool how the victim’s stomach smoked after he shot him,” according to the criminal complaint. McKay also said he “likes the feeling when he shoots someone,”

Additionally, McKay is disqualified from possessing a firearm because a domestic assault related conviction and because he is a fugitive from justice from Wisconsin.

UPDATE 4/1/2020: The victim in this case, Divinity Ose McKay, succumbed to her injuries and was pronounced deceased on March 31. The Charles County State’s Attorney’s Office will determine further charges. The investigation is ongoing.

3/31/2020: On March 30, 2020, at approximately 2:00 a.m., officers from the Charles County Sheriff’s Office responded to the 2000 block of St. Thomas Drive in Waldorf after a man called and reported his 13-month-old daughter was having trouble breathing.

When officers and paramedics arrived, the child was unresponsive, and she was transported to the University of Maryland Charles Regional Medical Center for treatment.

Detectives responded to the hospital to conduct an investigation. As detectives began gathering information, the girl’s father, Robert Earl McKay, III, 29, of Waldorf, assaulted one of the investigators. He was arrested, charged with assault and taken to the detention center.

The child was subsequently transported to Children’s National Medical Center in Washington, D.C. and admitted in critical condition. Upon examination and other medical testing, detectives learned the toddler sustained trauma consistent with child abuse. Detectives are obtaining additional charges for McKay to include attempted murder, child abuse, first-degree assault, and second-degree assault. In addition, while serving a search warrant at McKay’s residence, detectives found a regulated firearm which he is prohibited from possessing due to a previous felony conviction.

The child’s mother was at work when the 911 call came in. Further, no other children reside at the residence.

Anyone with additional information is asked to call Detective A. Worley at (301) 609- 6518.

The investigation is ongoing.