We first reported on this case back in April, and this father's custodial status wasn't clarified at that time either:
http://dastardlydads.blogspot.com/2010/04/dad-stepmom-charged-with-1st-degree.html
http://richmondregister.com/localnews/x960347825/Parents-plead-guilty-in-child-abuse-case
August 13, 2010
Parents plead guilty in child abuse case
By Emily Burton
Register News Writer
RICHMOND — Amber Biggs, 26, of Richmond, pleaded guilty Thursday to second-degree criminal abuse.
She and her husband, Earl Wayne Biggs, 29, also of Richmond, were indicted in June for abusing their 3-year-old child.
As she entered her plea, Amber Biggs told Madison Circuit Judge Jean C. Logue, “I did spank him with a switch.”
Amber Biggs’ voice quivered as she spoke and Logue had to ask Biggs to speak up several times. Amber Biggs wept silently after entering her plea, and as she was led from the courtroom.
Earl Wayne Biggs pleaded guilty to facilitation to commit criminal abuse, a Class A misdemeanor, as part of the plea agreement.
He was given this charge because he knew his wife was abusing their son, said Jennifer Smith, assistant commonwealth’s attorney.
A Class A misdemeanor is punishable by between 90 days and 12 months imprisonment. Earl Wayne Biggs originally was charged with second-degree criminal abuse.
Logue sentenced him to 90 days, and he was given credit for the seven days he has already served, and the other 83 days are probated, on the condition that he complies with the demands of Madison Family Court, and has no further violations of the law.
The Biggses’ son was treated at Pattie A. Clay Regional Medical Center on March 24 after a babysitter took the child there. Hospital staff discovered severe bruising and markings on the child. Richmond police Officer Nicholas Duvall testified at a preliminary hearing that the child had “10 to 15” bruises on his lower back, buttocks and thighs.
In an interview with Duvall and Patrolman Devin Thomas, the child told police that “mommy Amber” had caused the injuries, Duvall testified in April.
Amber Biggs is the child’s stepmother, while Earl Wayne Biggs is the child’s biological father.
As part of the agreement, the charges against her were reduced from first-degree to second-degree criminal abuse, which is a Class D felony punishable by a maximum of five years in prison. It was recommended the Richmond woman serve two years in prison. Had she been convicted of the original charge, Amber Biggs could have faced 10 years in prison.
Amber Biggs is slated to be sentenced Sept. 9. She remains held in the Madison County Detention Center.