Tuesday, July 14, 2009

"Primary Caretaker" dad sentenced in assault of 3-week-old (Allentown, Pennsylvania)

"Primary caretaker" dad JOSEPH H. EVANS, JR. was supposed to be minding the baby while the mother was working "Somehow" the baby ended up getting beaten--she suffered bruising and retinal bleeding. She will probably have developmental delays from the brain damage. Dad won't confess he did it, only that he didn't "properly protect her."

But Dad was the only adult there. He didn't take the baby to the hospital. He has complained about the baby crying. And he has a criminal record.

What a crock.

Although Mom was at work during the incident, she has lost custody as well.

http://www.mcall.com/news/local/all-a8_5evans.6958350jul14,0,1129025.story

Father sentenced in girl's beating, will spend 9-23 months in prison
Towamencin man didn't admit beating the 3-week-old, but said he didn't protect her.


By Kevin Amerman OF THE MORNING CALL
July 14, 2009

No one has admitted being the person who beat a 3-week-old child so badly last year that she was limp and cold. But at least one person will serve jail time in connection with the crime.

On Monday, the man who had been charged with the assault, Joseph H. Evans Jr., was sentenced to nine to 23 months in Lehigh County Prison for endangering the welfare of a child. Evans, the girl's father, has not admitted beating the child, but has acknowledged he didn't properly protect her.

Authorities say Evans, 25, of Towamencin Township, was the primary caretaker when the child was injured and at the very least didn't immediately take his daughter to the hospital when she was injured. In addition to his jail term, Lehigh County Judge Kelly L. Banach ordered Evans to perform 100 hours of community work service and serve three years of probation following parole.

Police say Evans' daughter was severely injured on April 15, 2008. In charges filed in district court in Coopersburg, police did not say where the child was abused. A CAT scan revealed life-threatening injuries that included bruising and retinal bleeding, according to a criminal complaint filed by detectives with the Lehigh County district attorney's office.

According to the complaint:Evans took the baby's mother to work that afternoon. The mother said her child had no medical problems and was awake and oriented during the ride. Later, Evans called her to say the ''kid is crying and won't stop.'' The girl was taken to Grand View Hospital in West Rockhill Township but had to be flown to Children's Hospital of Philadelphia for emergency care. Hospital personnel said the injuries resulted from physical trauma.

It's unclear how long the baby went without treatment. One medical report cited by the judge says the child has experienced ''significant developmental delays'' since the assault.

''The injuries could affect her for life,'' the judge said. ''Whoever did this knows who did it and will have to live with it.''

Evans didn't speak at his sentencing hearing. He also refused to speak with authorities who investigated the assault last year, according to Kevin Smith, a detective with the district attorney's office.

The child now lives with her grandparents because both Evans and the baby's mother have been denied custody, according to Evans' attorney, Gavin Holihan.

The conviction could lead to state prison time because it violates conditions of Evans' parole and probation in Bucks County. Court records show he's been convicted of multiple counts of criminal mischief and theft as well as burglary and criminal trespass in Bucks.