Thursday, May 28, 2009

Rupp amends charge to felony child abuse


Medina could face 10 to 30 years or life in prison
By TERESA RESSEL
Daily Journal Staff Writer
Apr 07, 2009 - 09:04:13 CDT
POTOSI — Washington County Prosecuting Attorney John Rupp has upped a father’s child abuse charge to a Class A felony.

Last week, Ricardo M. Medina, 21, of rural Bismarck, was charged with child abuse, second-degree endangering the welfare of a child and second-degree domestic assault.

The child abuse charge had originally been filed as a Class B felony, with a range of punishment of five to 15 years.

Since the child died, Rupp amended the charge on Monday to a Class A felony charge of child abuse resulting in death. It carries a sentence of 10 to 30 years or life in prison.

According to a press release issued by the Washington County Sheriff’s Department, the incident occurred at 12:30 a.m. April 1 at a residence located at 10243 Bismarck Ridge Road.

“Upon arrival the deputy observed a small child laying on the couch barely breathing,” said Sheriff Andy Skiles in the release. “Washington County Ambulance District arrived on the scene and transported the child to Mineral Area Regional Medical Center. A short time later the child was airlifted to a St. Louis area hospital for treatment.”

The child died Thursday night.

According to court records, Medina caused injury to the child by throwing the child from approximately five feet to a hardwood floor. The child was thrown with such force it caused a fracture to the skull and bleeding to occur between the brain and protective membrane.

“The amount of blood was such that it caused the brain to deviate from the normal position and shape and required an emergency surgery to remove a section of the skull to allow for swelling,” Special Investigator Todd Mahaney wrote in the probable cause statement. “The medical staff has stated that this type of injury is often seen in high-impact situations, such as car accidents and from falls greater than head height.”

He said the child also had bruises on her head, neck, back, arms, legs, trunk and buttocks.

“These wounds are consistent with child abuse based on my experience and training,” Mahaney said. “The bruises were in the shapes of finger tips, and were in various stages of healing.”

Mahaney said Medina pushed the mother, Jaimee Kelly Scott to a couch in a forceful manner and then began to choke her. He said the choking was severe enough that the mother briefly lost consciousness.

Scott told Mahaney that Medina had held the child by one foot, swinging the child upside down.

“The swinging of the child was within the confines of a portable playpen, and the child’s face made contact with the mesh sides, causing an abrasion to the child’s lip which resulted in bleeding,” Mahaney said.

Scott told Mahaney that if authorities looked at the playpen, blood would be found on it, near the corner and on a doll. Mahaney said he did find the blood as described by the mother.

The mother, Scott, 22, of rural Bismarck, has been charged with one count of endangering the welfare of a child. The charge alleges Scott acted in a manner that created a substantial risk to the life, body or health of a child, by allowing the physical abuse of her baby.

According to the probable cause statement, Scott was present at the time of the physical abuse of her daughter, which resulted in bruising of the baby’s body. Scott failed to report the abuse to a legal authority and failed to remove the child from the danger of abuse at the hand of the baby’s father, Medina.

According to police, Scott had just moved in the area with Medina from the state of Washington. Medina has family in North Dakota and is a soldier in the Army Reserve.

Teresa Ressel is a reporter for the Daily Journal and can be reached at 573-431-2010, ext. 179 or at tressel@dailyjournalonline.com.

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