Dad sentenced for assault on 5 1/2-month-old son; child has permanent brain injury (Skowhegan, Maine)

Dad DON E. LAROUCHE II has been sentenced to 4 1/2 years in prison for an assault (not "incident") that left his infant son with permanent brain damage.

http://www.onlinesentinel.com/news/prison-time-for-baby-assault_2010-04-22.html

Posted: 12:00 AM
Updated: 8:50 AM

Prison time for baby assault
Don E. LaRouche II receives 4 1/2 years for incident that left his young son brain-damaged
By Doug Harlow dharlow@mainetoday.com
Staff Writer

SKOWHEGAN -- Regret is not enough.

That was the message Thursday afternoon from Superior Court Justice John Nivison before sentencing a former Bingham man to 4 1/2 years in prison, in what prosecutors called a shaken-baby case.

The man, Don E. LaRouche II, 24, was convicted in February of felony aggravated assault and assault on a child under the age of 6.

The child, LaRouche's son, Zachary, was 5 1/2 months old at the time of the incident, in Bingham on Dec. 28, 2007.

District Attorney Evert Fowle said the boy suffered a permanent brain injury.

A jury in February took 90 minutes to determine that the baby's injuries did not come as a result of a naturally occurring event. LaRouche denied hurting his son. There also were no witnesses to the event, according to prosecutors.

LaRouche has no previous criminal record and Nivison said there was no evidence that the assault was committed intentionally. Recklessly, yes, the judge said, but not intentionally.

LaRouche was sentenced to eight years in prison, with all but four and a half suspended, and three years of probation.

"I believe you are a candidate for rehabilitation," Nivison said to LaRouche. "I would urge you to use the time that you have in prison and on probation to gain some insight on the reasons for your conduct that day.

"Understand, our conduct does have widespread consequences. You are young; you have your whole life ahead of you."

Assistant District Attorney James Mitchell called the case one of the worst he has ever seen and asked for a sentence of 10 years in prison, with all but seven years suspended, then probation once LaRouche is released.

"We as a society have lost Zachary LaRouche," Mitchell said. "Zachary LaRouche is not going to heal. This is one of the most serious and egregious cases I have ever seen. Don LaRouche damaged this child's brain. He did one thing for his child -- he dialed 911. He did everything he could do to protect himself; he did nothing for his child."

Defense attorney Francis Griffin of Waterville called the case a tragic one, but also one that lacked intent. He said a long prison sentence would put LaRouche in the state prison at Warren among the "worst of the worst" of the state's convicted felons.

He asked the judge for a sentence of five years with all but 18 months suspended.

"Yes, he has remorse," Griffin told Nivison. "Don lost his composure and acted recklessly; Don loves his son, has concerns for his son."

Griffin argued that sending LaRouche to the state prison at Warren would defy the intent of the Legislature when it comes to rehabilitation.

Stacy Robinson, Zachary's aunt, gave another perspective to the judge, saying the child will never be the little boy she knew before the assault.

"I see him every day," she said. "He can't pedal a bike, has trouble walking and doesn't speak right. He should never be able to see his father again; we need to protect him."

Leaving the courtroom Thursday afternoon, Donald LaRouche, the defendant's father, said he was told his son will serve his sentence at Windham, not Warren. He called that a partial victory, but said his son plans to appeal the conviction and the sentence.

"He's being punished for something he didn't do," LaRouche said of his son. "He's appealing it and we'll prove his innocence. He got convicted of something he didn't do. It's a medical issue. It will all come out in appeal."

Doug Harlow -- 474-9534