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Sugar Cookie

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A homicide charge have been filed against a Fond du Lac man already serving a prison sentence for abusing his victim. Twenty-nine year old Thomas Abitz, who was convicted for a 2011 incident that severely injured his then 2-year-old victim, is now charged with her 2017 death.

It’s been three years since 8-year-old Mckena Marie Nett died of pneumonia. But, according to the Fond du Lac County district attorney in his statement to the court on Monday during Thomas Abitz’s initial appearance, experts say the pneumonia was caused by an injury she suffered six years earlier at the hands of Abitz.

Toney told the judge, “The abusive head trauma resulted in significant impairment for the victim moving forward with multiple bouts of pneumonia over the course of years, and then in 2017 the victim passed away from pneumonia which was linked to the abusive head trauma by the medical examiner, Dr. Kelley; Dr. Coller, the treating pediatrician; as well as Dr. Knox, who was the original child abuse expert physician.”

The original incident was back in March of 2011. At the time, Abitz, who was the mother’s boyfriend, admitted to playing with child and unintentionally hitting her head against a wall.

Doctors, however, disagreed with his claim and said the injuries were abusive head trauma. Abitz was convicted of child abuse and sent to prison, where he’s still serving his sentence.

Three years ago, after the victim died, an extensive investigation into her medical records was completed, leading to the decision by the district attorney to file the homicide charge.

Toney added, "We focus on various reports from our doctors and those are reflected in our criminal complaint and that's what resulted in the allegations and the filing here."
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The defendant Thomas J Abitz Jr was found guilty of the following charge(s) in this case.

  • 2nd Degree Reckless Homicide, a class D felony, Wisconsin Statutes 940.06(1).

Offense Date: 03-25-2011

Plea: No Contest on 09-23-2024

On 12-04-2024 the following was ordered:​

Sentence: State Prison

Time: 14 Years

Begin Date: 12-04-2024

Extended Supervision: 5 Years


Prohibitions: Obtain, maintain full-time employment, education, and/or treatment. Absolute sobriety. No bars/taverns. Not to possess or consume alcohol. To complete AODA assessment & follow-up as required by DOC Agent Assessment, treatment and follow-up at the discretion of the supervising agent. No unsupervised contact with children under the age of 10 years old unless authorized by the supervising agent. No contact with the victims family to include, parents, siblings, grandparents, aunts/uncles, or their residences.

Restitution: 5/2/25 Amendment -Restitution ordered per stipulation $2516.90 for Funeral Expenses $2500 for Additional expenses

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Maximum Discharge Date: 10/16/2033
 
Prohibitions: Obtain, maintain full-time employment, education, and/or treatment. Absolute sobriety. No bars/taverns. Not to possess or consume alcohol. To complete AODA assessment & follow-up as required by DOC Agent Assessment, treatment and follow-up at the discretion of the supervising agent. No unsupervised contact with children under the age of 10 years old unless authorized by the supervising agent. No contact with the victims family to include, parents, siblings, grandparents, aunts/uncles, or their residences.

Yeah he's not gonna be loose long if he has to abide by all this when he gets out, he will never be able to hold down a job or be sober. May as well just skip to the end and just keep him there.
 
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