Monday, July 13, 2015

Dad's battery conviction against 2-month-old daughter upheld by state supreme court; child left with serious disabilities (Cherokee County, Kansas)

Yet another deadbeat dad drafted into infant caretaking because he's too special to work for a living.

This one is identified as WILLIAM BARBER JR.

Conviction upheld by Kansas Supreme Court in Cherokee County shaken baby case

Testimony of man's previous rough handling of infant upheld by Kansas Supreme Court

Posted: July 10, 2015 - 12:02pm By Rick Dean

The conviction of a Baxter Springs man for aggravated battery and child abuse in a shaken baby case has been upheld by the Kansas Supreme Court.

In a unanimous decision announced Friday, the court rejected the arguments of William Barber Jr., who said the Cherokee District Court erred in admitting testimony of witnesses who said they had seen Barber previously shake his daughter before 2-month-old Autumn Barber was hospitalized with life-threatening seizures and respiratory distress in February 2008.

The child survived the brain injuries, but was left disabled and unable to stand. She remained in child protective services years after the incident.

Attending physicians at both a local hospital and at Children's Mercy Hospital in Kansas City testified the child showed classic symptoms of shaken baby syndrome.

Barber admitted to investigating officers that he had been frustrated on Feb. 7, 2008, when he quit his job after being asked to shovel manure. He said Autumn, who was left alone in her father's care upon his return home, woke up screaming, then went stiff and stopped breathing. He denied handling the child.

But other witnesses at trial reported seeing Barber become agitated with the crying infant in previous incidents in which they said he handled the child in a rough manner.

Barber was found guilty of aggravated battery with excessive brutality and was sentenced to 128 months of imprisonment. He also was sentenced to an additional 34 months for child abuse, with his sentences to be served consecutively.