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Young mom gets probation in 'horrible' shaken baby case

Posted at 4:32 PM, Jul 11, 2016
and last updated 2016-07-11 19:22:21-04

INDIANAPOLIS -- A young mother who admitted to hurting her baby will not spend time in prison in a child abuse case several officials have called “horrible.”

Prosecutors charged the mother, who was 17 years old at the time, with eight felony counts, including aggravated battery and neglect of a dependent resulting in serious bodily injury.

The teen threw and shook her baby in December and January in Speedway, causing fractures on the little girl’s clavicle, wrist and forearm as well as retina hemorrhaging and “horrible” blood pooling behind the eyes, according to a doctor’s report listed in court documents released to Call 6 Investigates by the Marion County Juvenile Court.

The baby also had bruises on her chest, knee, stomach and inside the left ear.

The mother initially denied causing the injuries, but later confessed saying she was frustrated and stressed with the baby crying and “never getting sleep” and going to school full time.

She also said she had been a victim of emotional and physical abuse.

The teen mother admitted to breaking the baby’s wrist and not seeking medical treatment, as well as grabbing the baby forcefully under the armpits, and tossing the infant from five feet in the air to the bottom of a Pack 'n Play.

The child, now 1 year old, currently suffers from seizures and other health problems, although it’s not clear if those are directly linked to the abuse.

“What you did is a horrible, horrible thing,” Judge Marilyn Moores told the mother in court Friday. “You chose to bring a child into this world. Your momentary frustrations have cost her a lifetime of problems.”

As a translator spoke with her throughout the hearing, the mother did not appear to show much emotion.

“She can never change what she did,” said her public defender Robert Newell.  “She wants to have a chance to be with her baby who she loves very dearly.  She certainly learned a very hard lesson about control.”

The young mother pleaded guilty in Marion County Juvenile Court to neglect of a dependent resulting in serious injury for failing to seek medical attention for the six month old baby’s injuries including a fractured wrist and forearm.

Even though the court released documents to Call 6 Investigates in the case, it is RTV6 policy not to name suspects if they are charged and convicted in juvenile court.

Marion County prosecutors filed a motion earlier this year to waive the young mother into adult court, saying the crimes were serious enough to do so and that the mother was 17 years old when she abused her baby.

The court denied that motion, and on Friday, Judge Moores ordered the mother to serve formal probation until the age of 21.

“You are all she has,” Moores told the mother in court. “The only thing you can do to atone for this is to be the best parent you can be.”

The baby’s father was murdered on January 24, 2016, records show.

Peter Haughan, Marion County Prosecutor’s office juvenile division supervisor, explained had the mother been tried and convicted as an adult, she could have been sentenced to prison time.

“Many cases are frustrating,” said Haughan. “You’re dealing with human life.  Our request was that she be sent to the adult system to stand trial as an adult.”

Prosecutors said their main concern is that the young mother may hurt another child.

“Anytime you have a parent who has harmed their child over a continuing period of time, there's a concern there will be future activity, future behavior, future criminal activity that's going to harm a child,” said Haughan.

The mother’s attorney said she is trying to get her driver’s license and is applying to Ivy Tech.

In addition to probation, the judge’s order also called for the mom to undergo an assessment for domestic violence victims.

She must participate in home based therapy, and is ordered not to become pregnant until she is released from probation.

The mother still has a CHINS (Child In Need of Services) case pending with the Indiana Department of Child Services and the CHINS court.

The mother cannot have any unsupervised contact with the baby until it is approved by the CHINS court, and she cannot have unsupervised contact with any minor under the age of 8 years old.

The 18-year-old is currently living with her parents. Call 6 Investigates was unable to talk to her after the court hearing.

Judge Moores reminded her that if she’s found in contempt of court, the judge has the power to send her to jail.

The mother is scheduled for a probation review hearing on October 6.