Father pleads guilty to assault of baby girl

By Lethbridge Herald on June 24, 2023.

A protester carries a sign outside the Lethbridge Courthouse earlier this year. On Friday a father of an infant girl pleaded guilty to charges of aggravated assault and failure to provide the necessaries of life. Herald file photo

Delon Shurtz – LETHBRIDGE HERALD – dshurtz@lethbridgeherald.com

A father who repeatedly assaulted his young baby, could be sent to prison for seven years if a judge accepts the recommendation of his lawyer and the Crown prosecutor.

The father, who can’t be named to protect the identity of the baby girl, pleaded guilty Friday in Lethbridge court of justice to charges of aggravated assault and failure to provide the necessaries of life.

If not for the guilty plea, which is considered a sign of remorse, the father could have faced, after a trial, 10-12 years in a federal penitentiary, Crown Prosecutor Suzanne Kendall told the judge.

“By taking into account the early guilty plea and (the father’s) expression of remorse and his background, that was how we came to a sentence today of seven years incarceration,” Kendall said.

Reading from an agreed statement of facts, Kendall said the father and mother took the baby home shortly after she was born last December, but less than two months later police were called to the home for a welfare check and found the little girl asleep with her mother, and in medical distress.

Emergency personnel took her to the hospital, but on the way her condition grew worse.

“The baby had a seizure and her ability to breathe deteriorated,” Kendall said. “Upon her arrival the child’s oxygen levels dropped and she had to be intubated.”

That’s when medical staff realized the baby had a significant brain bleed and she was transported by air ambulance to the Alberta Childrens’ Hospital. Doctors there discovered the baby had suffered abusive head trauma resulting in brain injury.

“The abusive head trauma would have been caused by either blunt force injury, or acceleration-deceleration, or shaken.”

Kendall said doctors were not certain at first the baby would live.

The baby also sustained severely injured spinal ligaments, bleeding around the spinal cord, bleeding from both eyes, and a detached retina in the left eye.

Court was told a man living with the couple saw the father repeatedly assault his daughter by slapping her in the head and face, bouncing her on the bed and couch, and pushing her head and chest into the couch and bed. The roommate said he also saw the father try to force a bottle down the child’s mouth several times.

There were no signs of sexual assault, however, even though the father was also charged with sexual assault. That charge, as well as a charge of sexual contact with a child, were withdrawn.

The roommate told the mother she needed to intervene, and if she didn’t call police, he would.

“At no time did (she) alert the police or anyone else about possible abuse.”

The roommate reported the abuse to a case worker, who reported it to the police, and the mother was arrested after the child was airlifted to the Calgary hospital.

The mother pleaded guilty last week to one count of failing to provide the necessaries of life, but sentencing was adjourned until Aug. 18 to allow time for the preparation of a pre-sentence report. The report will provide the court with the woman’s personal circumstances and background to help determine a fit sentence.

The Crown and defence are also expected to jointly recommend a sentence when the matter returns to court in August.

Kendall said the mother, who at times told her spouse not to be rough with the baby, didn’t call the police because she feared Child and Family Services would take the baby away from her.

The father told police during an interview he would become frustrated with the baby, and on one occasion while sitting on the edge of the bed while trying to soothe the baby, he dropped the baby on the mattress and said, “I’m f—-king out of here.” At times he would bounce the baby on the couch and say he was playing basketball.

The child was discharged from hospital on April 20, but remains under continued medical care. Kendall said her prognosis is uncertain, and will only be known as she grows older. Doctors do not know if she’ll be able to see out of her left eye, and it’s possible she will live with cerebral palsy as a result of her brain injuries.

Lethbridge lawyer Darcy Shurtz agreed with the recommendation for a seven-year prison term, and said his client is “truly remorseful.”

The man told court he can’t explain his actions, but hopes the child is able to recover.

“I hope my daughter develops as normal as possible, leads a healthy life, a safe life.”

Shurtz told court the father was raised in 19 foster homes beginning when he was five years old when he was taken from his home because his parents were not competent caregivers. He said the man was physically abused growing up and suffers from dementia and bipolar disorder and other ailments.

“He indicates he went through electroshock therapy at the Lethbridge hospital 10 or 12 years ago, and has suffered with the effects of that throughout his life.”

Justice Kristen Ailsby has reserved her decision until Aug. 4.