https://www.heraldextra.com/news/lo...cle_7aaa4335-b1c8-5e91-8e82-8231d47178b2.htmlFive years ago, a child abuse incident left 10-month-old Gabriel with permanent disabilities, including blindness, cerebral palsy and the inability to speak.
The man charged with the abuse, Robbie MacDonald, had multiple court hearings pushed back over that time period — something that Gabriel’s aunt, Becca Morales, said was emotionally taxing for the family.
So when MacDonald entered a guilty plea Tuesday in Fourth District Court on a reduced child abuse charge, agreeing to serve prison time as part of a plea deal, Morales said it was a relief to not have to think about it anymore.
“Every time this case gets dragged up, we have to focus on the things that (Gabriel) cannot do,” Morales said. “And everything that he isn’t and should be, and I think that’s the really hard thing. That’s why I’m really glad after today, and after sentencing is over, we don’t have to think about that anymore.”
In addition to the guilty plea for a third-degree felony child abuse charge, MacDonald also entered a guilty plea for a drug charge, which was reduced from a third-degree felony to a class A misdemeanor.
According to the probable cause statement, officers responded to an American Fork home on January 18, 2013, on reports of a 10-month old baby who was unconscious and not breathing.
Later, at the hospital, it was discovered the baby had a brain injury. Experts at the hospital, after ruling out any illness that could have caused such injuries, said the child’s injuries are most commonly associated with shaken baby syndrome.
MacDonald, who was determined to be the only person with access to the child during that time, gave police statements at the time, saying he put the baby down for a nap and found him a short time later, unresponsive, then later changed his story to say he accidentally tripped and dropped the baby on the floor, according to the probable cause statement.
Doctors said the injuries were not consistent with a single drop, the probable cause statement says. MacDonald had a previous conviction for child abuse in 2007, when he was left alone with a girlfriend’s one-month-old baby.
Gabriel, now 6 years old, has quadriplegic cerebral palsy, is unable to speak and is fed through a tube. Before the abuse, Morales said Gabriel was a normally-developing 10-month-old.
MacDonald was supposed to go to trial in September 2014, but the trial was canceled a month before. The public defender assigned to the case at the time outlined in a motion filed in court that she did not feel she had adequate time to prepare for a trial on such a complicated medical case.
Another trial in the case was scheduled for March 2018, but was also canceled and pushed back to October and November of 2018.
MacDonald posted bail in March 2013, and has been out of custody ever since as the case dragged out and multiple jury trials were rescheduled.
Morales said she is on board with the plea deal, because it saves the family going through the whole circus of a trial, but she also said she has no desire for revenge for what happened.
Rather than focusing on what Gabriel can’t do, Morales said she focuses on the improvements he makes, saying that the picture of him as a nonverbal quadriplegic is not complete.
“He is a bright boy,” Morales said. “He’s working on communicating with assistive devices, he’s able to smile and laugh, and I think that the little soul that he was, the little happy boy that he was, I still see it.”
Johnson said based on the reduced charges, MacDonald is likely looking at at least 16 months behind bars before his first parole hearing. The third-degree felony of child abuse could result in a prison sentence of up to five years.
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