Legal life or death battle for baby in vegetative state

WALTON COUNTY, Ga. — A 2 1/2-month-old baby on life support is at the center of a legal battle and both parents are in jail -- accused of injuring the child.

Dinah Whited has been in the hospital nearly four weeks. %

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The grandparents on the mother's side say it's time to take Dinah off life support, but they say the father is refusing to sign the DNR (Do Not Resuscitate) papers.

Page Barrett and her husband Johnny have hired an attorney to represent their granddaughter.

“I love her with all my heart, it just tears me up,” Page Barrett said.

Justin Whited is accused of hurting Dinah.

He's facing aggravated battery and cruelty to children.

“She's been shook with such G force that her brain rattle around in skull and caused damage," Johnny Barrett said.

Mother Jamie Whited has been charged with cruelty children.

Monroe police detectives believe Jamie knew the infant was being abused and failed to protect her.

Her stepparents told Channel 2 Action News the 24-year-old mom had no idea.

“She just can't believe this happened liked the rest of us," Page Barrett said.

The Barretts told Channel 2's Liz Artz Wednesday that Jamie has authorized the hospital to take Dinah off life support, but they claim Justin won’t budge in fear of upgraded murder charges.

“She needs to be laid to rest where we can start healing."

Justin's father, William Whited, also talked to Channel 2 Action News -- he defended his son, but says he agrees baby Dinah should be allowed to die.

“I don't want to see her suffer; she'll never be the same again,” William Whited said.

Whited's mother told Artz that her son is innocent and just wants to see his daughter alive before he consents to anything.

The family has set up a gofundme page to help Dinah. 

Cox Media Group