Javier Delgado Shook The Shit Outta His Infant Causing Him To Fall And Bang His Head?

[Whisper]

A Springville man pleaded guilty Tuesday to a reduced charge of child abuse in the shaking of his infant son.
Javier Junior Delgado, 25, pleaded guilty to third-degree felony child abuse, reduced from a second-degree charge of child abuse. His attorney, Monika Roth, said the charge lowered the level of intent from intentional to reckless.
Delgado pleaded guilty in American Fork's 4th District Court to the amended charge, but insisted that he did not mean to harm the child.
"Your honor, it was an accident," he said. "I called 911."
Prosecutor Julia Thomas said Delgado was arrested after his 1-month-old son was taken to the hospital with extensive hemorrhaging in his brain. A physician at the hospital reported the bleeding appeared to be of varying ages.
[...]
Thomas said Delgado later admitted shaking the baby in frustration before the infant fell and hit his head.
Roth objected to the characterization of what the doctor would have testified, but Delgado said he agreed with the remainder of the facts.
The attorneys agreed that Delgado could be released on his own recognizance Tuesday while he awaits sentencing, but Judge Christine Johnson ordered that Delgado have no contact with the baby once he is released.
Thomas said the state has agreed to recommend a reduction in Delgado's conviction after he successfully completes probation. However, she said she did not agree to recommend probation.
"The state's not agreeing to no prison at this time," she said.
Delgado faces zero to five years in prison when he is sentenced June 8.
According to Springville police, Javier Junior Delgado called for an ambulance at 9 a.m. March 4 because his baby was having trouble breathing. When emergency personnel arrived, he told them that he had been unwrapping the baby from a blanket and lost his grip. He told police that the baby fell to his knee, then to the floor.
In an initial interview with police, Delgado allegedly did not provide a different explanation of what happened, but he later called them back to discuss the incident.
Police say Delgado shook his son for about 30 seconds before forcefully removing the baby's blanket, causing the infant to spin toward's Delgado's chest. At this point, Delgado allegedly told police, he lost his grip on the baby and threw his knee up to catch him. His knee allegedly struck the baby's head before the baby fell onto a bouncer and onto the floor. The baby's eyes reportedly rolled upward, and Delgado woke up his wife and called 911.

http://heraldextra.com/news/local/ar...0f313f113.html

[~Absynthe~]

[quote he said. "I called 911.":][/quote]only thing he probably did right all day!

[Dakota Valkyrie]

Fourth District Judge Christine Johnson sentenced Javier Junior Delgado, 25, to 90 days in jail for a third-degree felony conviction of child abuse. She also ordered 36 months of probation and anger management and parenting classes, but strayed from the Adult Probation and Parole recommendation of 210 days in jail.

"I think 90 days is justified," she said.

Johnson gave the 25-year-old man credit for 54 days in jail and said she would allow him to earn good time, but said she would not assume he had already earned good time and waive any remaining jail time.

Delgado's attorney, Monika Roth, asked for the jail time to be waived, saying he has moved to Florida and has set up interviews for jobs and is trying to get into school. She said he wants to be able to support his son, though it is possible he will not see him again any time soon.

"His son is still first in his life," she said.

Roth asked the judge for leniency, saying it was hard for her as Delgado's attorney to stand by while he pleaded to a felony. She said she believes what happened was an accident, and said Delgado's ex-wife even wrote a letter saying the same. She said it appears the infant will not have any permanent injuries.
[...]

Prosecutor Donna Kelly said she agreed with much of Roth's assertions, but she said it is too soon to tell whether the baby will have permanent damage. She said in many cases, it takes years to know the extent of brain injuries, until the child is old enough to learn to read and write.

Kelly said Delgado appears to be a good candidate for probation and has given every indication that he is remorseful. However, she said his felony charge is appropriate. Though she agreed to 90 days in jail, she said she did not want the remainder of his jail time waived.

"I think that that's a very lenient result," she said.
[...]

http://heraldextra.com/news/local/ar...67dd124fc.html

[CiaraLuna]

I am confused by this mother's actions. I don't really think it can be deemed an "accident" that this man SHOOK his son! A one month old can barely even hold his own head up. He is a grown man, he knew not to shake a baby. He CHOSE to follow his anger and react. If I were the mom I wouldnt want this asshole anywhere near my son. I would NOT be writing letters asking for leniency, I'd be asking for a longer sentence! I am very glad to hear so far there are no signs of permanent damage... yet.... But, would she still be asking for leniency if the child WAS brain damaged?? I think NOT! She'd probably be suing for lifelong medical expense compensation. Regardless of permanent damage or not, he still acted violently against his own 1 month old and should not be allowed around children.