Dad gets 4 years in prison; infant son gets permanent brain damage (Toledo, Ohio)

Dad JONATHAN DOMINQUEZ abused his infant son at least twice, and almost killed him in the process. (He was frustrated with the crying, you see.) As it is, the baby will have life-long brain damage and disabilities. But as usual, these guys get minimal sentences--four years in prison.

http://www.toledoblade.com/Courts/2011/12/29/Man-gets-4-years-in-prison-for-son-s-permanent-injuries.html

Man gets 4 years in prison for son's permanent injuries
BY ERICA BLAKE
BLADE STAFF WRITER

Three times, Miranda Hughes prepared for the death of her infant son.

Although Averik Dominguez received a perfect bill of health at his 4-month checkup in August, days later Ms. Hughes watched her son battle life-threatening injuries, she said in Lucas County Common Pleas Court on Wednesday.

She then learned that her then live-in boyfriend, Jonathan Dominguez, who is Averik's father, was responsible.

Dominguez, 24, of Toledo, was sentenced to four years in prison for causing severe injuries to his infant son resulting in significant disabilities. Judge Gene Zmuda noted that any prison term imposed in court would be significantly less than the sentence given to young Averik at his father's hands.

"Because of your actions, he will never be the boy that he would have become had you not committed the acts you committed," the judge said. " … You will always be Averik's biological father but you are no longer his dad. … You can't be. You almost killed him."

Dominguez pleaded no contest and was found guilty Nov. 28 of one count of child endangering. At his plea hearing, Assistant Prosecutor Kevin Pituch said that the injuries were the result of Dominguez being tired and his young son's crying.

On Aug. 13, Dominguez squeezed the child with enough force to leave bruises on his back and fracture three ribs, Mr. Pituch said. The next day, he shook Averik with such force that it caused bleeding on the brain.


Dominguez admitted both instances of abuse to police.

Ms. Hughes spoke in court about the injuries her son suffered. She said that at three different times, she prepared herself for her son's death - when he first underwent surgery, when she had to decide whether to keep him on life support, and the day the ventilator was removed.

"Having to sit there holding your child and expecting him to die is something I would never wish on anyone," she said.

Ms. Hughes said that her son has defied expectations and survived but continues to struggle. Now almost 9 months old, Averik undergoes physical and developmental therapy and, the lasting impact of his injuries are unknown. She said he has impaired vision and hearing as well as developmental delays.

"The future of my son is a very big question," Ms. Hughes said. " … After his injury, it was like Averik got sent back to being a newborn and had to start all over again."

Ms. Hughes, who was surrounded by several family members, declined to comment after the sentencing.

Dominguez apologized for his actions and said that he hoped one day his son and his son's mother would forgive him. Calling it "the biggest mistake I will ever make," Dominguez said he took responsibility for his actions. "At the end of the day he is my son," he said. "I love him with all my heart."

Attorney John McMahon said Dominguez was a young, first-time parent who did not intend to injure his son and that he is proud that his son is "a fighter" who is recovering.

"He loves his son, he cares for his son and at the same time he has to deal with the fact that he injured his son," Mr. McMahon said adding that this knowledge is a "tremendous burden."

Judge Zmuda said it was not love but selfishness Dominguez showed the day he hurt a crying baby.

"You may have loved him with all your heart but you needed to love him with your head and you didn't do that," the judge said. "The life sentence will be knowing that your son will never be the son he could have been."