Dad gets 6 1/2 years in prison for putting infant son in permanent coma (Rockford, Illinois)

As usual, all kinds of excuses and coddling for an abusive father. If a mother had done this to a baby, she would have been demonized as an unfeeling monster.

Dad is identified as MATTHEW MCNABB.
 
http://www.rrstar.com/article/20140307/NEWS/140309390/?tag=1

Machesney Park dad sentenced in shaken baby case

By Jeff Kolkey
Rockford Register Star
Posted Mar. 7, 2014 @ 3:03 pm Updated Mar 7, 2014 at 4:25 PM

ROCKFORD — Ruling that a violent outburst that left Matthew McNabb’s infant son in a permanent coma was out of character, Judge John Truitt on Friday sentenced him to 6½ years in prison.

A jury on Nov. 25 found McNabb, 36 of Machesney Park, guilty of the aggravated battery of a child. Jurors sided with prosecutors who argued McNabb had shaken then infant Tyler McNabb so violently Jan. 1, 2006, it caused permanent brain damage and left him in a “permanently vegetative state.”

Truitt cited an outpouring of 35 letters from family, friends and acquaintances that described McNabb as gentle, loving and helpful. But he noted that the testimony of a nurse who provides some of Tyler’s home health care as most persuasive.

Her testimony supported what was in those letters and in court testimony, Truitt said. She described how McNabb cared for the now 8-year-old boy and said it was a “miracle” that Tyler had never had to be re-admitted into the hospital given his injuries.

“This was out of character,” Truitt said. “Everything I’ve heard and read indicates the actions that led to these injuries was a momentary lapse of judgment.”

Truitt also cited McNabb’s lack of significant criminal history in his decision.

The sentence is just six months more than the minimum required for the Class X felony conviction. He must serve at least 85 percent of the 6½-year sentence under truth-in-sentencing guide lines. McNabb must serve three years of parole following his release.

The sentence was handed down after a day of emotional testimony. McNabb’s Assistant Public Defender Edward Light said the testimony and letters were the heart wrenching culmination of a tragic case.

“This case will haunt me forever,” Light said. “It was an absolute horrendous verdict.”

Assistant State’s Attorney Wendy Larson had argued at trial that Tyler’s retinal and brain bleeding, the swelling of the brain and permanent brain damage were evidence of shaken baby syndrome.

Jurors apparently believed her arguments and the doctors who testified on behalf of prosecutors despite a defense expert who attempted to argue that Tyler’s injuries weren’t necessarily caused by abuse.

Larson said the testimony of friends and family was the result of manipulation and called it “blowing smoke.”

Tyler should be in the third grade now. He should be learning to pitch a baseball. He should be learning to kick a soccer ball. Instead, he breathes only with the help of machine and is forever confined to a bed and wheelchair and a permanent sleep.

“No one is here to speak for Tyler, so I have to,” Larson said, adding that McNabb should be held accountable.

Family members, including McNabb’s wife, Keely, and 16-year-old stepson, Skyler, testified.

Skyler said McNabb has always treated him like a son and that he is a kind and patient father figure and role model.

Keely testified that McNabb provides excellent care for Tyler McNabb and their other two children. McNabb was tearful for much of the testimony that at times was emotional as they described the loss they will feel while McNabb serves time in prison.

McNabb put his face in his hands and wept when Keely said that her father, who she said suffers from dementia, would likely be placed in a nursing home without McNabb there to assist the family.

She also testified that it is extremely difficult for her to find work because of the care that Tyler requires even with home nurses helping.

McNabb expressed his appreciation for the support of family during the eight years he has fought child abuse charges. He continued to say he is innocent.

“I’ve been many things in my life, but child abuser is not one of them,” McNabb said.