It is his first felony conviction, but a Lynchburg man is heading to prison for more than two years because he caused injury to a 2-year-old child.
Kyle Shane Durham, 25, pled guilty to third-degree felony endangering children in December.
On Wednesday, Highland County Prosecutor Anneka Collins told the court that while Durham had no criminal history, she was requesting prison because of the injuries suffered by the child. Those injuries, she said, included a fractured hip bone, broken wrists, and “significant” injuries to the child’s face.
She said the defendant admitted that he “hit (the child), punched (the child) in the shower” which caused the 2-year-old to fall and receive the injuries.
Collins noted that the child’s family was present in the courtroom, but they did not want to address the court.
Defense attorney Lee Koogler said Durham was caring for the child when the offense occurred, and when the child was showering and became fussy, Durham “became frustrated” with the child. He said Durham admitted to striking the child and said that it “should not have ever happened.”
Koogler said he wasn’t excusing Durham’s behavior, and the defendant was not trying to excuse his own behavior, either.
“I made a mistake, one I wish I could take back every day,” Durham said.
He said he thinks daily of the pain he has caused and the trust he betrayed of the mother and child.
“I’m ashamed of myself,” Durham said.
Durham also turned to the family and apologized, during which crying could be heard coming from the direction of the child’s family members who were present in the courtroom.
Judge Rocky Coss said that a person does not have to be a parent to know that striking a child in such a manner is not how a person should deal with a fussy child. He sentenced Durham to 30 months in prison. Once the prison term is served Durham will be under three years of post-release control supervision by the Adult Parole Authority.
Another man with no criminal record was sentenced to prison Wednesday, and also for crimes involving minors.
Joseph Moore, 84, Greenfield, was sentenced to a total of 45 months in prison, and five years of supervision following the completed prison term.
Moore was initially charged with 20 fourth-degree felony counts of pandering sexually-oriented matter involving a minor, all fourth-degree felonies. In November he pled guilty to five of the charges and on Wednesday he was sentenced to nine months on each of those counts.
Kacy Clouser, 33, Greenfield, who court records show was previously of Hillsboro, was sentenced to a total of six years in prison on Wednesday.
Clouser in December pled guilty to two counts of fourth-degree felony heroin trafficking and was sentenced to 12 months in prison on each of those counts Wednesday.
He also pled no contest Wednesday in another case to one count of second-degree felony heroin possession and one count of third-degree felony aggravated possession of methamphetamine.
After Coss heard a statement of facts presented by the state, he found Clouser guilty and sentenced the defendant to two years in prison on each of the charges. All sentences were ordered to run consecutively.
Michael L. Stafford, 29, Columbus, was sentenced to 24 months in prison despite a recommendation in the plea agreement for community control and treatment. He previously pled guilty to third-degree felony illegal assembly or possession of chemicals for the manufacture of drugs.
According to Coss, Stafford has not reported to the probation department at all since he was released from jail.
“I told you what to do,” Coss said. “I told you twice.”
Casey Fleagle, 27, Greenfield was sentenced to a year in prison for fifth-degree felony nonsupport after admitting to supervision violations which included not reporting, not completing treatment aftercare, and not paying child support.
Fleagle was initially sentenced to community control in 2012. Community control was extended in January 2014 after he was found to have violated his supervision. In June 2014, more violations earned him an order to complete the STAR residential treatment program.
The judge said Fleagle has been given “all kinds of opportunities” to do the right things, but has not.
In other proceedings, Donald G. Morris, 52, Bainbridge, was sentenced to community control and treatment on third-degree felony failure to comply with the order or signal of a police officer.
According to defense attorney Bill Armintrout, Morris has been in residential treatment for the last month and is doing well there. His counselor at the facility told the court the same.
Coss noted a previous conviction of the same charge from about a decade ago, but also noted that since then Morris has accumulated a couple reckless operation charges amended from OVI, among a couple other misdemeanor charges.
The judge said he had not anticipated sentencing Morris to community control as he thought prison may be the only thing to get the attention of the defendant. But after learning that the defendant sought treatment on his own, was doing well there, and had not previously had treatment, the judge decided on community control.
Devin Campbell, 22, Greenfield, was sentenced to community control and treatment on two counts of heroin trafficking in the vicinity of a school, charges he pled guilty to in December.
William Throckmorton, 27, Greenfield, was sentenced to community control and treatment for fourth-degree felony aggravated trafficking in drugs, which he previously pled guilty to.
Austin Ryan Lavan, 20, Leesburg, was sentenced to community control for unlawful sexual conduct with a minor. He pled guilty to the fourth-degree felony in December.
Tamika Dettwiller, 24, Greenfield, was sentenced to community control and treatment on fifth-degree felony aggravated possession of meth.
Dettwiller is currently at a residential treatment facility and doing well there, defense attorney Kathryn Hapner said.
While the defendant was sentenced to community control in December on trafficking charges, Collins said Wednesday the state was not made aware of the new case until after Dettwiller pled guilty in December. The newest charge is actually an older offense, Collins said, so it was not committed while Dettwiller was on supervision.
A bench warrant was issued for Brandon Keith Gibson, aka Brandon Rowe, 35, Bainbridge, who failed to appear for a sentencing hearing.
Reach Angela Shepherd at 937-393-3456, ext. 1681, or on Twitter @wordyshepherd.
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