Aggravated manslaughter charge filed in death of child who was shaken as an infant

Date Added: June 26, 2026 4:35 pm

CASE UPDATE: Malcolm Nelson is now charged with aggravated manslaughter in the death of his son, who spent more than 3 years on life support due to physical abuse.

Nelson was already in custody for violation of probation on his previous charges in this case. In January 2023, 3-month-old Noah Nelson was hospitalized with traumatic injuries. Doctors determined he had several injuries and fractures that resulted from physical abuse including violent shaking.

After an extensive investigation, Malcolm Nelson was arrested in October 2023 on a charge of aggravated child abuse.

Noah never showed signs of recovery and was on life support in the hospital until April of this year, when he was released to hospice care at home. He died a few days later at the age of 3 1/2.

The VSO Major Case Unit remained in contact with the Medical Examiner's Office and the State Attorney's Office over those years. As Sheriff Mike Chitwood announced previously, VSO planned to pursue upgraded charges if Noah's autopsy and medical records supported a finding of homicide.

This week, the final medical examiner's report was submitted and indicated Noah's death was a homicide, with the cause of death being complications of abusive head trauma.

Nelson, having pleaded no contest to his 2023 charge of aggravated child abuse, was previously sentenced to 180 days in jail, 2 years community control, and 13 years probation. This week, he was taken into custody at his probation office Tuesday for a violation of probation. Today, detectives obtained a warrant on a new charge of aggravated manslaughter and served that warrant while Nelson remains in custody at the Volusia County Branch Jail.

Previous news releases in this case are available here (April 2026) and here (October 2023).