Even when he is (finally) sentenced, the maximum he will get is 12 years. The child has a lifetime of serious disabilities: she can't walk, is totally blind, and has cerebral palsy. All as result of the brain damage from her father's violent shaking and abuse.
http://www.koat.com/news/22596098/detail.html
Sentencing Delayed In Shaken Baby CaseAlbuquerque Father Accused Of Child Abuse
POSTED: 7:34 pm MST February 17, 2010
UPDATED: 7:48 pm MST February 17, 2010
ALBUQUERQUE, N.M. -- The fate of an Albuquerque father accused of shaking his baby has been postponed.
"She doesn't walk. She's totally blind. She'll never gain her sight because it's her brain that got injured really bad," said Tracee Montoya.
Montoya said her daughter now suffers from cerebral palsy as the result of being violently shaken by the daughter's father Larry Herrera.
Herrera pleaded no contest to child abuse charges in January and Montoya was hoping to see him sentenced on Wednesday, but justice was once again was delayed.
Montoya said she is angry over what's happened to her daughter and terrified that Herrera won't get what she thinks he deserves.
"I mean there's really no justice. He took her life. I want life for life but that can't happen," Montoya said.
Herrera told police he was high on drugs in 2004 when dropped and shook his then 5-month-old daughter. He's been in jail ever since his arrest with little movement in his case.
On Wednesday, all his now 6-year-old daughter could do is sit, crying, confined to her stroller.
Herrera's hearing was set a later date, at this time it's still undetermined when that will be and his attorney declined to comment saying this is still an active case.
Prosecutors asked for Wednesday's delay. Herrera faces up to 12 years in prison when he is finally sentenced.