By Krystal Smalley
ksmalley@wbcowqel.com

A man accused of felonious assault on a four-month-old baby is facing up to eight years in prison.

Mitchell Lawhun appeared in Crawford County Municipal Court Tuesday afternoon for a felony initial appearance. Judge Shane Leuthold informed Lawhun that a second-degree felony charge of felonious assault, which carries a maximum penalty of eight years in prison and a $15,000 fine, were leveled against him.

Crawford County Prosecutor Matthew Crall stated the case began when the Galion Police Department was called to the Galion Community Hospital for a possible child abuse situation. A four-month-old female child, who had been in the care of Lawhun, was flown by medical helicopter to Nationwide Children’s Hospital in Columbus where doctors diagnosed her with a skull fracture and a broken arm.

“We’re still waiting to determine whether the child will live or not,” Crall told Leuthold.

Lawhun gave police several different statements concerning the injuries to the child, none of which the doctors said corresponded with the types of injuries she suffered. Lawhun’s statements included the child sleeping on Lawhun’s stomach, sitting in a bouncy chair when a bottle became lodged in it, and that he was vacuuming and dropped her.

That final story was the one he repeated to Leuthold during his court hearing Tuesday.

Doctors stated that the injuries sustained by the four-month-old were the result of child abuse or shaken baby syndrome.

Crall said a two-year-old child was also present in the home at the time the injuries occurred, but the toddler’s mother was at work. She arrived home after the injury occurred and the young girl was taken to the emergency room in Galion.

Crall added that it was unclear if the four-month-old was Lawhun’s biological child, but he indicated that she shared Lawhun’s last name.

Leuthold asked for Lawhun’s criminal record before determining bond. Lawhun currently has an OVI case pending in Municipal Court from an incident that occurred earlier this month when Lawhun was found driving with a blood alcohol level of .234. Lawhun also had two warrants out of Lexington for failure to appear, three probation violations in Richland County in 2015, a 2014 domestic violence charge in Richland County that had been reduced from a felony to a misdemeanor, and a 2005 misdemeanor domestic violence charge.

“Sir, it was an accident. I dropped her cleaning,” Lawhun pleaded with Leuthold. “I’ll do whatever I have to just to prove I didn’t do it.”

“We have a situation where we have a defenseless four-month-old child,” Leuthold said.

He pointed to Lawhun’s past victims, who were able to tell others what happened to them, whereas the baby was not able to do so. Leuthold added that medical evidence showed Lawhun’s statements were not consistent with “very serious life-threatening injuries this child has suffered.”

As Leuthold laid out the facts in a methodical manner, Lawhun could be seen sitting hunched over in his chair at the Crawford County Justice Center, rubbing his arms and crying.

“I would treat this as one of the more serious cases this court deals with,” Leuthold said as he set bond at $2 million. He added that Lawhun was a flight risk, a danger to the community, and was liable for a possible homicide.

Leuthold ordered Lawhun to have no contact with the victim or any other minor child. He appointed Brad Starkey as Lawhun’s defense attorney.

Lawhun has the right to a preliminary hearing in 10 days during which time the prosecutor would have to show probable cause and that Lawhun was the person who allegedly committed the crime. If those two facts are met, Leuthold will transfer the case over to the Crawford County Grand Jury.