CLEARFIELD – An attorney for Stephanie McGuire, who was sent to state prison for her involvement in an assault on her three-week-old child, argued for a lesser sentence Tuesday during motions court.
In March last year, Aaron Mills, 33, and the girl’s mother, McGuire, 23, of Osceola Mills were both charged by state police after the girl was taken to a doctor for a severe diaper rash.
It was discovered that both of the girl’s legs were broken. She had abrasions on her face, a tear inside her mouth between her gums and nose along with a cracked rib and tears in her rectum, according to information at the preliminary hearing.
McGuire pleaded guilty to endangering the welfare of a child, criminal conspiracy, simple assault, recklessly endangering another person and possession of drug paraphernalia in April when Judge Paul Cherry gave her a total sentence of two to seven years in state prison followed by three years probation.
Leanne Nedza, attorney for McGuire, filed a motion for reconsideration of sentence and presented an argument Tuesday, reminding Cherry that McGuire was cooperating with the investigation and was ready to testify against Mills.
She was also incarcerated for more than a year and has no previous criminal record.
Nedza said she would not repeat the arguments she used at McGuire’s sentencing hearing, which included the fact that McGuire actually took the child to the doctor four times after the baby was born.
At that time, Nedza also stated Mills watched the child for the first time the night before the injuries were discovered.
But Nedza did mention Tuesday that the sentence was outside the aggravated range, which requires the judge to list his reasons for the severe sentence in the court order.
Assistant District Attorney Jendi Schwab, who was representing the commonwealth, agreed that although Cherry mentioned why he thought the sentence was justified during that hearing, he did not include this with the original sentencing order.
Cherry asked that McGuire be returned to court to be re-sentenced with the reasons for the severe penalty included but did not address the request for a lesser or county sentence.
During the original sentencing hearing, Cherry pointed out to Nedza that the doctor at Geisinger in Danville “said it was the worst case of child abuse he had seen.”
He also noted that McGuire pleaded guilty to criminal conspiracy, which “takes two people.”
Mills was sentenced in February to 15 to 40 years in state prison.
