By Krystal Smalley
ksmalley@wbcowqel.com
Another father was given a lengthy prison sentence for abusing his infant son, but the damage has already been done and the effects are drastically shaping the child’s future.
Twenty-three-year-old Brian Miller, of Crestline, pleaded guilty to two second-degree felony counts of felonious assault in Crawford County Common Pleas Court Monday afternoon. A third count of felonious assault and one of endangering children were dismissed as part of the plea agreement. Judge Sean Leuthold felt consecutive sentences were appropriate in Miller’s case, not only to protect the public, but also to punish the defendant. He handed down maximum prison sentences of eight years on each count, to be served consecutively for a total of 16 years in prison.
As Leuthold prepared to sentence Miller, he noted the similarities between this case and another one earlier this month where Mitchell Lawhun was sentenced to 15 years in prison for felonious assault and child endangerment.
“In this case we have the most defenseless of victims. We have a child a couple weeks old, could be considered an infant – more closer to a newborn than an infant,” Leuthold said as he looked at a photo of Lawhun’s son. “This is a beautiful child.”
“Thank you,” Miller responded quietly from his seat.
“Too often in Crawford County we see cases where children have been the victims, whether it be from assaults or sexual abuse. I want this sentence to be clear,” Leuthold said. “Harming children will not be tolerated in this county. It will be dealt with very harshly. Anyone thinks they’ll be able to harm a child and get away with it and get a light sentence should think again.”
Leuthold, noting that the child was named after Miller, admonished the man for his actions.
“It was your job to protect him, to nurture him, to care for him, to teach him,” Leuthold said. “That was the right thing to do. Instead, you chose to injure, maim, and destroy his future. So while you did not do the right thing, I am – and the right thing is to send you to prison for a very, very long period of time.”
The charges stemmed from an incident that occurred on May 4 after an eight-week-old infant was rushed to the Galion Community Hospital and treated for cranial bleeding before being transferred to Nationwide Children’s Hospital in Columbus where he was placed on a ventilator.
County prosecutor Matthew Crall presented a photo of the Miller’s son to Leuthold. Crall said the parents reported to the authorities that the child was in a swing and became limp and unresponsive, but doctors at the local hospital said the infant suffered from cranial damage. The mother also admitted to hearing Miller drop the infant, though doctors again said the story was not consistent with the injuries the child sustained.
Miller eventually admitted to “burritoing” his son, or swaddling him and flipping him out hard.
The infant sustained multiple instances of head trauma, seizures, and hemorrhaging. The doctors also indicated that the injuries occurred at different times.
According to Crall, who talked to the mother the morning of the hearing, the child – now seven months old – has therapy two times a week and can’t hold his head up or nurse from a baby bottle. She also indicated that he has severe brain damage and will have developmental delays for the rest of his life.
Miller’s attorney, Andrew Motter, argued that the mother’s statements were self-serving before seguing into his client’s acknowledgment that he was a less than good father.
“He acknowledges that what he did was wrong and that he is taking responsibility for this by entering these pleas today,” Motter said.
Miller was ordered to have no contact with his son, was fined $2,000, and must serve a mandatory three years on post-release control after he serves his full prison sentence.
“There’s really no joy because in the end there’s a child who currently can’t do the things a seven-month-old (can). There’s going to be a lot of things in that child’s life that even into adulthood he’ll need assistance through the great things our community has to offer him to help out the family,” Crall said. “It’s just a horrible, horrible situation. We’ve given maximum penalties to the person causing this, but it doesn’t really make you feel that much better.”
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