A Waco man who broke a 2-month-old boy’s leg and ribs in 2019 and who was charged with kicking a 10-month-old girl in the head three years later was sentenced to 35 years in prison Thursday for injuring the boy.
Donald Lee Tuerk Jr., 40, pleaded guilty to first-degree felony injury to a child in a plea bargain with the McLennan County District Attorney’s Office.
In exchange for Tuerk’s guilty plea, the DA’s office recommended 35 years in prison and agreed to dismiss the second charge against Tuerk in the injuries to the toddler girl.
Tuerk’s attorney, Bryan Cantrell, said Tuerk “has accepted responsibility for the charges and now is paying the price.”
Tuerk must earn credit for serving 17 ½ years in prison before he can seek parole.
Tuerk was free on a personal recognizance bond after his arrest in May 2019 for injuries to the 2-month-old boy when he was arrested for injuries to the girl in September 2022. He was released from jail because the DA’s office failed to seek an indictment against him within the required 90 days after his arrest.
An affidavit in Tuerk’s 2019 arrest said Tuerk was living with another woman in Waco and was left to care for the 2-month-boy while the child’s mother and her daughter went shopping.
Regarding the 10MO girl:Tuerk admitted to police he lied to Child Protective Services investigators and said he made up other information he provided to CPS.
“During the interview defendant reported victim was left in his care and he became frustrated with victim because he would not stop crying,” the affidavit states. “Defendant admitted to grabbing victim’s leg with one of his hands and twisting it until he heard a pop. Defendant denied hurting the victim in any other way besides him falling from his arms on two other occasions.”
CPS records filed to remove the child from the home said the boy also suffered bleeding on the brain and multiple rib fractures.
“After eliminating all scenarios, the defendant admitted to coming out of the bathroom unknowing where the 10-month-old victim was,” an affidavit states. “The defendant admitted to kicking the victim causing the injuries describing blood emitting from the victim’s nose and mouth. Due to the injuries and statements made by the defendant, probable cause exists for the injury to have been intentional.”
The charge in that case was dismissed as a condition of Tuerk’s plea agreement.
Waco man sentenced to 35 years in prison in physical abuse of 2-month-old boy
Donald Lee Tuerk Jr., 40, pleaded guilty to first-degree felony injury to a child in a plea bargain with the McLennan County District Attorney’s Office.
