Boyfriend accused of abusing 19-month-old boy (Bellville, Texas)

Boyfriend DAVID HARRIS is accused of abusing his girlfriend's 19-month-old son by squeezing the toddler till he vomited, dropping the child to the floor, and head-butting him and breaking his nose. The child was subsequently hospitalized. The child's family is outraged by the lenient treatment that Harris has received from the courts. Not mentioned until fairly well into the article is that Mom was also abused in attempting to intervene. There also allegations that Harris tried to keep Mom and the child from leaving his home.

http://www.sealynews.com/articles/2009/08/11/news/news02.txt

Family outraged with lowered bond: Judge says bond for alleged child abuse case was in line with similar charges
By ASHLEY TOMPKINS, Managing Editor

Family of the 14-month old boy who was allegedly abused earlier this month by his mother’s boyfriend are outraged at an Austin County judge who let the 19-year-old go with what the grandfather calls a “slap on the wrist.”

Mark Trim, maternal grandfather to the 14-month-old toddler who was allegedly squeezed until he threw up and head-butted by his mother’s boyfriend, said the child was abused twice, once by Bellville resident David Harris, and a second time by Austin County Court at Law Judge Dan Leedy when the judge reduced Harris’ bond from $100,000 to $30,000.

Harris was arrested Aug. 2 by Austin County Sheriff’s Office (ACSO) investigators following complaints that he injured his girlfriend’s 14-month-old son, sending the child to the hospital for medical care.

“It appeared David squeezed the baby and caused him to vomit,” ACSO investigator Charles R. Holmes said. “Then…he took the baby, (Harris) was standing up, and he dropped the baby on the floor. Then he took the baby and held him up and head-butted him…and busted his nose.”

The child also had multiple bruises on the right side of his face, behind his ears and on his stomach, Holmes said.

Harris posted $3,000, or 10 percent, of the $30,000 bond on Aug. 3 and was released on personal recognizance from the Austin County Jail. His initial bond was set at $100,000 by Precinct 3 Justice of the Peace Cheryl Kollatschny, but was reduced by Leedy.

Trim called Leedy’s actions a “disgrace to the robe”, and while Leedy is sympathetic, the judge said the bond Harris was released on is the norm for similar charges and cases.“I understand that the victims of crime have a very emotional reaction any time a family member is victimized…their reaction is perfectly normal,” Leedy said. “A bond is supposed to be made to guarantee that someone will show back up in court. I found that Mr. Harris lives and works in Austin County and had no prior felonies…for someone in those circumstances, $30,000 is about the standard bond for that charge and someone in those circumstances.”

Leedy said had Harris lived in Harris County or had any prior felonies, the bond would probably have stayed at $100,000 because there would have been a higher risk Harris would not show up for his next court date.

Leedy would not directly respond to claims by Trim that he “abused” Trim’s 14-month-old grandson a second time by lowering the bond, thus allowing Harris to post $3,000, or 10 percent, of the bond and be released.

The judge again stated that the $30,000 bond was acceptable for a charge and situation like that of Harris.

He also wouldn’t comment on claims of abuse of power.

With the severity of the alleged abuse, Holmes, who also said he was disappointed with the reduced bond, said there is a chance the second-degree felony injury to a child charge could be upgraded to a first-degree felony charge of serious bodily injury if and when the case is taken before Austin County grand jurors.

“If it had been a first-degree felony, rather than a second, the bond would have been higher,” Leedy said. “The higher the charge, the higher the bond.”

Still, Trim is not satisfied.

“David Harris didn’t spend 24 hours in jail, yet my grandchild is still black and blue,” Trim said.

Trim’s grandson spent roughly 24 hours in a Katy hospital, according to investigators, before being released.

“The judge let an abuser walk. I was told, ‘that’s just the way the way the system works.’ That’s bull. They put on a robe and swear an oath to protect us, and he lets him go without any restriction,” Trim said.“My grandson had no chance against that 270-pound boy. I was not there to protect him,” Trim continued, breaking down. “I couldn’t do anything. My heart is breaking. We have to make sure that this never, ever happens to another child again. They have to keep these animals in jail. That’s from a broken-hearted poppa.”

Trim said the alleged abuse stemmed from his grandson wanting a French fry Harris was eating. Harris allegedly, according to investigators, abused the toddler two nights in a row. The 14-month-old’s mother, who attempted to intervene and protect her son, Holmes said, was also abused.

Trim said he’s looking at having kidnapping charges added against Harris, and said his daughter told him Harris kept her and her son, against their wishes, overnight on July 28 at his Bellville home.

“I feel like we’ve now been abused by the legal system,” Trim said. “To have law enforcement officers stand behind you and say they’re going to catch this guy, and then they do…and then the judge just lets him go.

“I still look at my grandson and his head is yellow and green…there are still handprints on his body. It breaks my heart.”

Trim said he wants an answer from Leedy as to why he reduced Harris’ bond from $100,000 to $30,000.

“I don’t care if it’s a kid that did it…you don’t let that animal out of jail,” he said. “I don’t care if he’s 19 or if it’s the first time he’s done something like this. This should happen to no one’s child. I’m afraid that the legal system is going to let (Harris) walk.”

Austin County will hold the bond Harris posted until his case is disposed of, Leedy said.