CLEARFIELD – A Philipsburg man facing assault charges after a one-year-old child was found face down in a bath tub was sentenced to state prison Monday.
Police noted in their report that the child also had numerous bruises on his body. He was transported to UPMC Children’s Hospital in Pittsburgh by helicopter for treatment where a doctor stated that the injuries to the boy “are near fatal and that this is diagnostic of abuse.”
Photos of the boy show numerous bruises on his head, face, chest, stomach, arms and legs, according to the criminal complaint.
Dontae Christopher Thomas, 26, was in reportedly in charge of the child in February of last year at the Chester Hill Borough residence.
Previously, Thomas filed a motion to withdraw his plea signed during jury selection in August and asked for a new attorney. The motion to withdraw was denied, but the court appointed Daniel Nelson to represent him.
Nelson explained in sentencing court on Monday that Thomas asked him again to file a motion to withdraw his plea, claiming Thomas did not understand the seriousness of the plea agreement.
Judge Paul E. Cherry noted that Thomas was colloquied after signing the plea and told he would not be allowed to withdraw it later.
Assistant District Attorney Brittany McCracken agreed with this and asked the judge to deny the motion, which he did. Nelson immediately asked for Cherry to reconsider this, and he denied that as well.
The victim’s mother addressed the court, saying she and her son suffered consequences beyond the physical injuries. The boy was in a coma for days and she lost custody of her children for a while as her ability to be a mother was questioned.
She asked Cherry to give Thomas the maximum sentence.
Cherry then sentenced him to serve six to 12 years in state prison with 12 months consecutive probation for aggravated assault, and two counts of endangering the welfare of children, both felonies, and two misdemeanor counts of simple assault.
He was ordered to complete anger management counseling and to have no unsupervised contact with anyone under the age of 16.
According to the affidavit, Thomas explained to police that he was giving the child a bath and left the bathroom to get some clothes for the child. When he returned to the bathroom, “the child’s head was under water.”
The boy was breathing when he removed him from the tub, but “his body was limp.”
Thomas called the child’s mother and she told him to call 911. After Thomas called, he said he attempted CPR on the baby.
In another interview with investigators, Thomas “admitted to shaking the child when they were in bed” on Feb. 10.
Thomas said when the child woke him up that morning, “blood was dripping from the child’s mouth onto his face from the child biting his tongue.”
He told police he then “grabbed the child and shook him approximately three times and while he was shaking him, the child hit his head on the headboard of the bed.”
The child has a brain bleed and “numerous bruises from head to toe”, according to the report.