Post by KC on Jan 25, 2006 23:52:17 GMT -5
01/25/2006 - NEWARK, Ohio -- A Licking County Sheriff's deputy who was fired after being accused of assaulting his 10-week-old daughter was sentenced in a Newark courtroom Tuesday.
Officer Dustin Burden faced up to 13 years in prison on two counts of endangering children.
Officer Burden apologized in court, after his wife told the judge that she didn't feel her husband deserved to go to prison. Dawn Burden was the first to testify at the hearing to defend her husband.
"He's been a very good father," Dawn Burden said.
The couple's 10-week-old daughter was violently shaken last March by her father. The girl was shaken so badly that she now faces the possibility of never being able to walk, eat or learn normally.
Dawn Burden and others in court described the former deputy as a loving father who never displayed aggressive tendencies.
A judge also testified at the hearing. Licking County Common Pleas Court Judge Jon Spahr said he has known the Burden family for many years.
"I would have no difficulty whatsoever having the highest trust in him," Spahr said.
Dustin Burden also apologized during the hearing.
"Not a day has passed that I haven't seen her face or relived that day in my mind," he said. "I hope and pray (that) I can be back with them soon, as the last 10 months without my children have been very difficult."
Dustin Burden's attorney asked for probation, but the prosecutor said the crime, child and potentially lifelong impact warrant a prison term.
"Now, we're talking about whether this child will walk normally. She probably won't. Whether she will learn normally -- she almost certainly won't do that. And right now, whether she will eat normally," said Ken Oswalt, Assistant Licking County Prosecutor.
Judge Thomas Marcelain agreed that jail time was needed, sentencing Dustin Burden to four years in prison.
A report from doctors was also read in court. Officials said that although the victim still requires a feeding tube, she is recovering well from her injuries. They also said it will be another year or two before the full extent of the injuries will be known.
