Lethbridge father who nearly killed infant daughter guilty of aggravated assault
WARNING: This story contains details of child abuse
WARNING: This story contains details of child abuse.
A Lethbridge father has admitted to abusing his infant daughter to the point that her prognosis is "uncertain."
Charges of sexual assault, however, were withdrawn after doctors found "no evidence" of those crimes, according to an agreed statement of facts presented to a judge as part of a guilty plea Friday.
The 53-year-old father pleaded guilty to aggravated assault and failing to provide the necessaries of life. Two charges related to sexual assault were withdrawn.
"There was no evidence of injuries consistent with a sexual assault having occurred," reads the agreed statement of facts read aloud by prosecutor Suzanne Kendall.
He cannot be named in order to protect the identity of the baby, who was born Dec. 5, 2022. She was six weeks old when officers discovered her in medical distress on Jan. 18, 2023.
Defence lawyer Darcy Shurtz and prosecutors Kendall and Drew Gillespie asked Lethbridge Justice Kristin Ailsby to accept a joint submission for a seven-year prison term. The judge will hand down the sentence in August.
Over the course of the baby's first six weeks of life, she was violently abused by her father, who after his arrest told police he got "frustrated" with the child.
When given the chance to speak, the father — who had a difficult upbringing, spending his youth in 19 foster homes — told the court he has "thought about this a lot."
"I hope my daughter develops as normal as possible and leads a happy life, a safe life, a healthy life," he told the judge.
The baby survived the abuse, but doctors say her prognosis is "uncertain" and "will only be known as she grows."
A victim impact statement written by the baby's foster mother was read aloud in court.
The woman described having to take the infant to daily medical and physiotherapy appointments.
Last week, the baby's mother pleaded guilty to failing to provide the necessaries of life. She will be sentenced later this summer.
Cerebral palsy, blindness possible
The infant was released in April after spending three months in hospital. The judge was told the baby may have cerebral palsy as a result of her brain injuries and might be permanently blind in her left eye.
The abuse came to light after the couple's roommate reported witnessing the father assault the newborn.
"Clearly [the roommate] is the hero of this story," said Kendall in her submissions to the judge.
The man tried to get the mother to call police but she feared the baby would be taken away from her.
On Jan. 18, police showed up at the house to find the baby in medical distress. She had trouble breathing, a fixed gaze, twitching hand and an abrasion on her face.
Recovery 'uncertain'
En route to hospital, the baby's condition deteriorated. She was airlifted to Calgary to the Alberta Children's Hospital, where medical staff discovered the infant had suffered "abusive head trauma" and were not confident she would survive her injuries.
Doctors discovered the infant's spinal ligaments were also severely injured.
"Recovery from these injuries is uncertain," reads the agreed statement of facts.
The baby also suffered hemorrhages in both eyes, with a detached and torn retina in her left eye.
After the parents were arrested, police interviewed their roommate, who told investigators he'd witnessed the father slapping the baby in the face and head, bouncing her off of the sofa and bed and pushing her head and chest into the couch and bed.
Community care
Police were told the father also put his hand over the infant's mouth and shook her.
In her interview with investigators, the mother said she wished she'd taken the baby to a doctor sooner and disclosed that she didn't call police because she was worried the child would be taken away from her.
The father told detectives he would get frustrated with his baby and once dropped her on a mattress out of frustration. He also said he had bounced her on the sofa and mattress, calling it "playing basketball with her."
The day before the baby was found in medical distress, the father said her breathing was laboured and she appeared to be in intense pain."
Kendall, who has been practising criminal law for nearly 30 years, said she has never experienced something like this.
"I have never encountered a case where I have had such an outpouring of care and concern from the community as I have in this case," she said.
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