Dad gets probation for killing 7-month-old son (Topeka, Kansas)

Once again, the Sunflower State demonstrates that your life ain't worth that much if you're a woman or a child. And the killer was a partner or father.

The killer daddy with the big break is identified as JAMES PATRICK MALOUN.

http://cjonline.com/news/2013-03-29/father-placed-probation-infants-2007-death

Father placed on probation in infant's 2007 death

Jurors in earlier trial unable to reach a verdict
Posted: March 29, 2013 - 3:52pm

By Steve Fry

THE CAPITAL-JOURNAL

A 31-year-old man who struck a plea agreement in the 2007 death of his 7-month-old son was placed on three years of supervised probation Friday.

On Feb. 19, James Patrick Maloun pleaded guilty in Shawnee County District Court to aggravated battery of the child, Gage Maloun, and to conspiracy to commit involuntary manslaughter of his son, both on Sept. 28, 2007.

During a jury trial in October, the prosecution contended Gage Maloun was the victim of shaken baby syndrome, and he suffered a brain injury when he was shaken.

The defense pointed to testimony of a pediatrician, a defense witness, who said he didn't know what caused the injuries to the infant, but it couldn't be presumed the infant suffered injuries from being shaken.

On Oct. 23, 2012, the seventh day of Maloun's first trial, the proceeding ended in a mistrial when jurors said they were unable to reach a verdict. At that time, Maloun was charged with reckless second-degree murder.

On Friday, Maloun declined to say anything before he was sentenced.

In sentencing Maloun, District Court Judge Richard Anderson said the "case was a hotly contested case." Of the 12 jurors, four favored conviction and eight favored acquittal.

Anderson sentenced Maloun to two years and eight months for the aggravated battery count and 12 months on the conspiracy to commit involuntary manslaughter count with the sentences running concurrently.

The judge then placed Maloun on three years of supervised probation.

Anderson declined to order Maloun to pay $18,340 in restitution for the costs of prosecution expert witnesses, saying it wasn't a negotiated part of the plea and it would be a "burden and a hardship" for the defendant.

Sentencing alternatives for Maloun, who doesn't have a criminal history, ranged from probation to consecutive prison terms totaling 47 months, the judge said at the time of the plea.

During the plea in February, Maloun made an Alford plea, which is an agreement by the prosecution and defense in which the defendant pleads guilty to charges without admitting to committing the offenses. The plea is made due to the consequences the defendant could face if he went to trial and were convicted.

Several times during the plea, Anderson referred to the conspiracy to involuntary manslaughter charge as a "hypothetical nonexistent" crime.

In a statement made by Maloun during the plea, the father said that although he didn't hurt his son, he was making the plea so all sides could move on.

In other action in district court Friday, Terrell Dontae Hayes-Osby, 23, the gunman in a botched carjacking in which the owner was shot, was sentenced to nine years and one month in prison.

Anderson sentenced Hayes-Osby to consecutive terms of six years and three months for a conviction of aggravated battery and two years and 10 months for attempted aggravated robbery.

The charges stem from June 5 when a motorist, 28, was shot in the 2900 block of S.E. Kentucky during the attempted robbery of his car.

On Jan. 29, Hayes-Osby pleaded no contest to the charges.

In 2007, Hayes-Osby pleaded guilty to a charge of reckless second-degree murder in the killing on July 14, 2006, of Trever Antwan "Little Twan" Harness, 21. Harness had owed Hayes-Osby almost $3,200 and crack cocaine.

Hayes-Osby was sentenced to six years and three months in that case and was placed on parole on April 20, 2012.