CLEARFIELD – An Osceola Mills man accused of assaulting his son pleaded guilty in Clearfield County Court.
David Lee Bainey, 35, 281 Beaver Ln., Osceola Mills, pleaded guilty to simple assault, terroristic threats and harassment. He was sentenced to three months to one year in jail and two years consecutive probation. He was fined $300 plus costs. He was ordered to complete anger management counseling.
Prior to sentencing, Assistant District Attorney Joshua Maines noted that a plea without the assault charge for time served, which was 35 days was rejected by Ammerman. Instead, Ammerman asked for the agreement to include the assault charge and to have a three-month minimum.
According to the affidavit of probable cause, the mother reported to police Aug. 8 that her 8-year-old son had been assaulted by Bainey while he was in Bainey’s custody. During that time, the boy missed the toilet and urinated on the bathroom floor.
Bainey became upset and smacked him with his bare hand 20 or more times. Bainey who has an electric incapacitation device turned it on and spark tested it in front of the victim. He warned the boy that if he didn’t straighten up, he was going to use it to shock him.
An officer photographed the boy’s injuries, which included severe redness on both buttocks and scratches on the child’s left hip. There were black and blue marks all over him and in the area of the scratch marks, the bruises appear to match an adult’s hand print.
