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Sugar Cookie

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A Lucas County Common Pleas Court judge said he wanted to sentence a mother to prison Wednesday for leaving her 23-month-old son to be cared for by her abusive boyfriend, who later killed him.

But by law, Judge Michael Goulding said he was limited to how long he could sentence Madison Lane, 23, for leaving her son, Lukas Slater, in the care of her reportedly physically and mentally abusive boyfriend Brian Zingg, 36, while she went to an unscheduled work shift in August.

Lane pleaded guilty last month to attempted obstruction of justice, a fourth-degree felony, for lying to police during the investigation. Judge Goulding sentenced her Wednesday to 180 days at the Corrections Center of Northwest Ohio, followed by five years of community control.

Defense attorney Vijay Puligandla said Lane was called into work at a restaurant on Aug. 29 — a day that was not part of her regular shift.

About 90 minutes later, Zingg sent his girlfriend another message saying the child was not breathing, prosecutors said.

Lane rushed home and Lukas was transported to the hospital, according to investigators.

Lukas had temporal bone fractures, hemorrhages in his eyes, a contusion of the live, a broken rib, and head trauma — injuries that were not indicative of a fall from a skateboard, which was the couple’s initial explanation of injuries.

“So if I understand this right, Mr. Zingg was abusive to Ms. Lane physically and when called into the bar to work, she chose to do that, knowing that her child would be watched by somebody who physically abused her. Is that accurate?” Judge Goulding asked. “As opposed to saying ... ‘I’m sorry, I can’t find child care.’ ”

Lane sobbed as she told Judge Goulding she regrets the decision every day.

“There’s not a day that goes by that I don’t miss my child,” she said.

She lied to investigators about the incident because she was “so controlled” and Zingg convinced her to tell a different story about her being home during the incident, Mr. Puligandla said. She later told police the truth.
Zingg, 36, entered an Alford plea — not admitting guilt — to a lesser offense of involuntary manslaughter, a first-degree felony; endangering children, a second-degree felony; tampering with evidence, a third-degree felony; and a newly filed charge of felonious assault, a second-degree felony after Lukas was injured Aug. 29 while under Zingg’s care.

Zingg was originally charged with murder. The child died on Sept. 4, just weeks before his second birthday, on Sept. 29.

Following his plea, Lucas County Common Pleas Court Judge Michael Goulding immediately sentenced Zingg to an agreed-upon sentence of 20 years in prison; he faced a maximum of 30 years behind bars. Assistant county prosecutor Charles McDonald said that, while there is no punishment harsh enough to make up for the boy’s death, the toddler’s family and case investigators agreed to the sentence, after considering potential outcomes of a trial, appeals, and other legal matters.

Zingg cried and frequently blew his nose into a long piece of cloth as a man in the courtroom gallery held a large picture of Lukas’ smiling face against his chest. Zingg apologized to his family and to the boy’s family, calling the incident a “horrible accident that was handled poorly.”

“No one should ever have to experience the death of a child. My heart truly hurts and goes out to all of you. There’s not a day that doesn’t go by that I don’t replay that day in my head — the things I could have done different, could have done better,” Zingg read from a prepared statement. “I made an absent-minded decision that I can never take back. I am truly, truly sorry.”

Zingg is not the biological father of the boy.
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