BUCYRUS — Nathan Pollitt of Bucyrus appeared in Crawford County Common Pleas Court on Tuesday for a sentencing hearing.
Pollitt, 28, pleaded guilty in July to child endangering, a third-degree felony punishable with up to three years in prison.
Common Pleas Court Judge Sean Leuthold agreed to accept Pollitt’s guilty plea and set the matter for a full pre-sentence investigation. The investigation detailed Pollitt’s mental capacity, background, criminal history, and sentence recommendation of one year in prison.
Leuthold could choose to follow that recommendation or impose his own sentence. Pollitt admitted to hitting his then 5-month-old child in the eye with a clenched fist.
Before imposing sentence, Leuthold heard arguments from both the state and the defense. The child’s mother was also permitted to make a statement before sentencing.
Assistant prosecutor Ryan Hoovler told the court that when Crestline Police first interviewed Pollitt, he had different stories of what had happened to the child including the child had bumped into a door frame.
Pollitt finally confessed to officers that the baby was cranky and that he had become frustrated and punched the child. Hoovler noted that several photos were taken, and he presented them to the judge.
“The victim here is a five-month-old baby, unable to defend itself,” Hoovler said. “This baby is at the will of the adult taking care of (it). Babies get cranky and cry. In no way does a five-month-old deserve to be treated in this fashion. The state requests prison.”
Leuthold wanted the record clear as to why felonious assault was not charged in this case.
“I have reviewed the pictures and there appears to be a black eye from this injury. Thank God there were no bones broken but there are bruises on the leg and arm as well,” Leuthold said. “It appears to me that this child was grabbed, possibly shaken and hit. Because there is not long term or permanent injury, this was only able to be charged as child endangering.”
Rebecca Pollitt, the mother of the child, addressed the court, at times in tears and angry. She said that Pollitt had been babied his whole life and had an anger issues toward her daughter and herself. She related that Pollitt had verbally abused her and it had escalated into hitting her as well.
“You can’t hide behind the false face. You deserve all the time. When I asked him, ‘Nathan, what did you do?’ he showed me his fist and said he hit the baby,” Pollitt said. “If you can give a mother three years for her child testing positive for meth and he doesn’t get the same for punching a five-month-old, it’s not fair and it’s not justice.”
Pollitt’s attorney, Derek Dailey, addressed the court, admitting the seriousness of child endangerment.
“First of all, I can assure the court my client will never be alone with children again, that just won’t happen,” Dailey said. “At first, he was afraid, and he lied but then told the truth. He had trouble facing what he did but ended up telling the truth. My client has never committed a crime. He has no record. My client is diagnosed as mildly mentally retarded.”
Leuthold stopped the attorney’s remarks to admonish the members in the gallery.
“Look, everyone has to be heard here. I have given the state and you an opportunity to speak before I decide sentence,” Leuthold said. “Mr. Pollitt has a constitutional right to be represented as well. You have to understand this.”
Dailey went on to explain that Pollitt had two stents in his brain. He argued that Pollitt would not be safe in prison.
“Incidental contact could cause serious physical harm. I would suggest some form of community control sanction that punishes him but keeps him safe as well,” Dailey said.
When asked if he had anything he wanted to say Pollitt remarked, “I’ll keep it short and sweet. Whatever I get I’ll take. What I did was wrong, and I know it. I am so, so sorry to my kids who I love the most. I’ll do everything in my power to right that wrong.”
Leuthold commended the state and the defense on their arguments. He also remarked that the pre-sentence investigation revealed a lot of information, although sealed from the public.
“I have to balance the injury and the punishment. Injury to helpless children infuriates this court,” Leuthold said. “I listened carefully to the mother whom I consider a victim also. She mentioned a woman I recently sent to prison. When I sentence someone to prison, I must consider their prior criminal acts, their intellectual capacity to understand their actions and many other things that are unique to every case.
“There is no question that the defendant must be held accountable,” Leuthold continued. “He is not incapable of taking care of himself but according to this report he needs a lot of help. He is intellectually disabled with an IQ of 66. At 18, he was unable to cut up his own food, did not understand how to turn the heat up and down, he could not make change. He graduated near the bottom of his class and had to have an IEP (Individualized Education Plan). Because of this intellectual disability, we cannot tell if he will ever mature. Even as I am talking here, he is looking around and looking outside the door with very limited attention to me, the guy who can send him to prison. I don’t see emotional growth in Mr. Pollitt. He has anger issues. He should have never been left to care for children. He should have never been a candidate to be a father.”
Leuthold noted that there were heavy mitigating circumstances in this case.
“There is a difference between someone who commits a crime without an intellectual disability and one who does,” Leuthold said.
Leuthold told the court that he didn’t know that the defendant would survive prison.
“I think prison would be hell on earth for him and I’m not keen on that,” Leuthold said. “But not appropriately punishing him does not sit well with me either.”
Leuthold decided to try to accomplish both the goals of punishing Pollitt and keeping him safe. Leuthold veered from the recommended 12 months in prison and instead sentenced Pollitt to 30 months in county jail.
“He will be incarcerated in our jail where I will have full control of him, but he will be protected from what could happen in prison. My sympathy goes out to the little one especially,” Leuthold said.
Leuthold noted that after some time, he may send Pollitt to a treatment program at a community-based correctional facility to be treated for issues including anger. Pollitt will report on Friday to the Crawford County Jail to begin serving his sentence.
“This has been difficult. I had to find the fairest solution under the law,” Leuthold said.