Dad convicted of battering 2-year-old son during visitation; boy suffered perforated intestine (Fort Smith, Arkansas)

Even though this little boy was battered during visitation with Dad and the step, Mom has still lost the boy to foster care.

Dad is identified as BOBBY LEE PITCHFORD. Note his previous criminal record. Impressive. Wonder what custody/visitation orders were in place before this incident, and whether Mom was required to facilitate contact regardless of Daddy's less than illustrious history. It's very likely, but ignored here....

http://swtimes.com/news/fort-smith-father-sentenced-battery-against-2-year-old

Fort Smith Father Sentenced For Battery Against 2-Year-Old

By Jeff Arnold Times Record

Sebastian County Circuit Court Judge Michael Fitzhugh told Bobby Lee Pitchford he would sentence him to “significantly more” time in prison Friday, if law didn’t require a sentence of no more than five years in prison plus 15 years suspended.

Pitchford, 26, of Fort Smith was convicted of first-degree battery Wednesday against his son Tristan Stepanian, 2, who was life-flighted Sept. 25 to Arkansas Children’s Hospital in Little Rock for an emergency surgery on a perforated small intestine.

The jury deliberated for about 3 1/2 hours Wednesday before convicting Pitchford, then deliberated 90 minutes before recommending a sentence of four years in prison plus 16 years suspended. The trial began Monday.

First-degree battery is a Class B felony normally punishable by five to 20 years in prison, but Pitchford faced a sentencing range of five to 40 years in prison because he is a habitual offender. He previously was convicted of four felonies: theft of property and being a felon in possession of a firearm in state court, and desertion and being absent without leave in a military court in 2008 when he was in the U.S. Army.

But Fitzhugh determined he couldn’t sentence Pitchford to less than the five-year minimum, based on a 2013 Arkansas Supreme Court decision.

“This court has consistently held that minimum sentences for habitual offenders are mandatory,” according to the 4-3 decision issued May 23, 2013.

The judge delayed sentencing until Friday to give both the prosecution and defense time to submit briefs on sentencing.

On Friday, Fitzhugh announced that he also found he was prohibited from sentencing Pitchford to more than five years, based on the jury’s recommendation.

“If the jury in any case assesses a punishment, whether of fine or imprisonment, below the limit prescribed by law for offenses of which the defendant is convicted, the court shall render judgment and pronounce sentence according to the lowest limit prescribed by law in such cases,” according to Arkansas law.

The defense insisted Tristan’s injuries were caused either when another 2-year-old struck him in the stomach with a toy guitar or when Tristan jumped off a children’s picnic table and landed on a toy truck.

Fitzhugh told Pitchford “your story is just not believable in the eyes of the court” based on the testimony of three physicians, who told jurors the force needed to cause a perforated bowel is equal to a car wreck at 50 or 60 mph or a fall from a two-story window.

Pitchford and his wife Rachael cared for Tristan for about six weeks, until Sept. 24, while Tristan’s mother and Pitchford’s ex-wife, Robin Stepanian, was in Tulsa, where she was planning to move. The surgeon who operated on Tristan testified the injury that cause the child’s perforated bowel occurred no later than Sept. 23.

Fitzhugh also pointed out that the child was “bruised or cut from the top of his head to the bottom of his feet” by the time he was hospitalized, after coming to him without any injuries.

Dr. Rachel Clingenpeel told jurors Tuesday that a child who falls out a two-story window doesn’t have as many bruises as Tristan had Sept. 25 following his emergency surgery. Clingenpeel also said multiple bruises on the neck, back, stomach and hip aren’t typical of accidental injuries children regularly experience.

Clingenpeel is a pediatrician at Children’s Hospital specializing in child abuse cases.

Although Fitzhugh was prohibited from sentencing Pitchford to more than five years, he ordered the sentence be consecutive to a six-year prison term Pitchford received in February when the court revoked his suspended sentence on a 2009 felon in possession of a firearm charge.

Fitzhugh also issued a no-contact order prohibiting Pitchford from any communication with Tristan and forbidding him from having any unsupervised contact with any minor.

Deputy public defender Rita Watkins objected to the judge forbidding Pitchford from having unsupervised contact with minors. Fitzhugh told Watkins she could object but that was his ruling.

Deputy prosecuting attorney Robert McClure said Tristan has recovered from his injuries and is now in foster care.