A Scottsbluff man charged in the death of his three month old infant daughter will be tried seperately on child abuse and drug possession charges.

Scotts Bluff County District Judge Randy Lippstreu Tuesday granted a request by Public Defender Bernie Straetker, who argued that 35 year old John Chavez could be prejudiced on the child abuse case because he was in possession of drugs and paraphernalia. Chavez will be tried November 19th and 20th on felony charges of possession of methamphetamine and misdemeanor counts of possession of marijuana and drug paraphernalia. He will be tried on the child abuse case resulting in death during the January term, although defense attorneys have asked to continue that case so additional physicians can examine autopsy results the defense claims show the child could have died from natural causes. The defense has filed another motion challenging other tests, including X-Rays,cat-scans and autopsy photos, that will be considered during a December 4th hearing. Chavez is accused in the April 20th death of Aubrey Chavez. An autopsy conducted on the Scottsbluff girl indicated she died of blunt force head injuries.

The drug charges were filed after police found evidence of suspected drug activity in the family's apartment when they responded to a 911 call from the mother Tammy Rood. She found the child unresponsive when she returned home from work.