http://www.reformer.com/localnews/ci_13806370
Man pleads guilty in death of baby daughter
By JAIME CONE
BRATTLEBORO -- A Brattleboro man pleaded guilty to involuntary manslaughter Monday for the death of his infant daughter, receiving a sentence of eight to 15 years in prison.
James Petrin, 23, apologized in Windham District Court to the child’s mother and grandmother for his role in the 2-month-old’s death.
Police reports said Petrin was alone with the baby at a residence in Brattleboro on the afternoon of Sept. 2, 2007, while her mother was at work. Petrin told police the child had stopped breathing and he had tried to perform CPR. When the child went limp, he said he ran to a neighbor’s house to call 911.
Trisha Joy Petrin was rushed to the Brattleboro Memorial Hospital, then to Dartmouth-Hitchcock Medical Center, where she died five days after the incident.
Petrin had been scheduled to appear in court Monday for a hearing regarding the suppression of his confession but instead took the plea agreement.
"Upon serving those eight years, the defendant will be eligible for release on parole or furlough while he is still a young man, at which time the Department of Corrections will have strict control over his whereabouts, his actions, where he lives and works and who he associates with," said Deputy State’s Attorney Ellen Kryger.
The state agreed to amend down the original charge of second-degree murder. Kryger said that after extensive discovery into the facts of the case, the state does not believe that Petrin
intentionally caused the death of his daughter.
"It came down to evidence of the defendant’s mental state at the time that he shook his daughter," Kryger said.
She explained that second-degree murder requires the state to prove the defendant either had intent to cause serious bodily injury or death or that he displayed wanton disregard for the subsequent risk to the child.
"We feel the evidence better supported that he did something that had a high risk of causing her serious bodily injury and he disregarded that risk, but there wasn’t the intent to cause her death," Kryger said.
"The evidence seemed to point to him caring very much about his daughter," she added, "and there was no evidence that he had ever been assaultive to her in the past."
That notion was supported by the statements of Petrin’s attorney, Kerry DeWolfe.
"James has said the day his daughter was born was the best day of his life, and worst day was the day she died," DeWolfe said. "No punishment could be greater than the punishment he has imposed on himself."
Regardless of Petrin’s intent, the child’s mother, Brianne Johnston, 26, of Brattleboro, and Johnston’s mother Vicki Chambers of Orange, Mass., took the opportunity to address the court and condemned the man’s actions.
They also shared what life has been like since the day Trisha was injured.
"I lived at the hospital, watching the child struggle to breathe," Johnston said. "My son will never know his sister -- we will never know the person she would have been."
In the affidavit submitted by Brattleboro Police, it states that Petrin told police he was playing a video game when he was interrupted by Trisha’s cries. Chambers thinks that the games could have contributed to Petrin’s frustration on the day he shook his daughter.
"All of this over a $25 video game that was more precious to you than your own little girl’s life," Chambers said when she addressed Petrin in court. "She interrupted your video game -- well, I hope you saved your spot, because it’s going to be a long time before you get to play it again."
Chambers said that although the death of her grandchild shook the close-knit family, it ultimately strengthened the bond between her, her daughter and her son.
"We’ve always been very close, and this just brought us even closer together," she said.
And the family has since welcomed a new addition, Johnston’s 16-month-old son Preston.
Petrin is Preston’s father, Johnston said, but Petrin has never seen his son.
"We have a restraining order, and he’s not allowed anywhere near Preston until Preston is 18 years old," Johnston said.
She said that after countless sleepless nights, the sentencing hearing provided closure.
"It’s been draining," she said. "Now I can finally say that it’s done. I know what’s going to happen, and I can move on."
