Injured 8-month-old baby won't recover; dad to stand trial for aggravated assault (Beaver Falls, Pennsylvania)

Yet another case where Dad was babysitting while Mom was working....Dad is identified as BRIAN P. DONAVITCH JR.

http://www.timesonline.com/news/police_fire_courts/injured-baby-won-t-recover-father-to-stand-trial/article_c098b409-5a85-594a-aa36-54af80642bf9.html

Injured baby won't recover; father to stand trial

Posted: Tuesday, February 21, 2012 3:16 pm | Updated: 8:49 am, Wed Feb 22, 2012.

By Kristen Doerschner  Timesonline.com

BEAVER — A jury will decide whether a Beaver Falls father is responsible for critically injuring his 8-month-old baby by shaking her to the extent that she will never recover.

Brian P. Donavich Jr., 22, whose last known address was 392 Morado Dwellings, was charged by Beaver Falls police with aggravated assault, simple assault, endangering the welfare of a child and reckless endangerment after a Jan. 5 incident in which police were called to the home of Donavich, his girlfriend Chelsie Hill and the couple’s infant daughter, Sophie Donavich.

Sophie was unresponsive and was flown to Children’s Hospital of Pittsburgh.

THE FATHER’S STORY

Hill testified she had been at work all morning and that Sophie was healthy when she left that morning. She said she returned home between 1:30 and 2 p.m. to find police there and learned that Sophie was already in a helicopter.

Hill said Donavich was taken to the police station for questioning, and she went to the hospital.

Later on Donavich arrived at the hospital and told her he had accidentally dropped Sophie, and she hit her head on the cement floor, Hill said. She said Donavich told her a few minutes later he realized something was not right, and Sophie was unresponsive. He told Hill he put Sophie on a couch and went to the neighbor’s to use a phone. He made two phone calls each to Hill, whom he did not reach, his mother and then his father who told him to call 911, Hill testified.

At that time, Hill said, she believed what Donavich had told her.

Donavich told the same story to police and to Dr. Janet Squires, the director of the Child Advocacy Program at Children’s Hospital.

THE CHILD’S INJURIES

Squires said when Sophie arrived at the hospital she was placed in the intensive care unit, where shunts were placed in her head to help with brain trauma. Sophie was placed on “full ICU support” including a ventilator, a catheter and multiple IVs, Squires said.

Sophie’s injuries were internal, Squires said. The baby had no fractures, soft tissue damage or other injuries that were visible to the eye, except for some bruising on her neck, she said.

Squires said she talked to Hill and Donavich together to get a medical history on the baby and to hear them explain what had led up the injuries.

Squires testified that she does not think the girl’s injuries were the result of a fall.

“Only a shaking event could really account for this,” Squires said. “I know there had to have been some shaking. I know that ... . She may have fallen, but that’s not the explanation for the brain injury.”

She described Sophie as a “neurologically devastated infant.”

Sophie spent 19 days in intensive care and nearly a month total in the hospital. She is now in the Children’s Institute, where she receives full-time care.

Squires said Sophie will never recover from her injuries. She testified that Sophie’s brain has shrunk and retinal hemorrhaging has left her blind. She cries frequently, is likely to develop cerebral palsy and has to be fed through a tube, Squires said.

THE ATTORNEYS’ ARGUMENTS

Donavich’s attorney, Mitchell Shahen, argued that Sophie’s injuries were the result of a tragic accident and there was no criminal conduct. He pointed out that Donavich told the same story to everyone. He said Squires “jumped to conclusions” when she made a determination about what may have caused the injuries that infringed upon his client’s presumption of innocence.

Assistant District Attorney Brittney Smith, however, said Squires clearly testified that Sophie’s injuries were not explained by Donavich’s version of events.

“This child is devastated. This child will never be the same,” Smith said. She also pointed out that Donavich left his unresponsive baby on a couch and made six phone calls before calling 911.

District Judge James DiBenedetto held all charges to court and ordered bond to remain the same. Donavich has been in the Beaver County Jail on a $5,000 bond since his Jan. 9 arrest.