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Man sentenced in child neglect case

ELKINS — A Randolph County man who admitted to breaking his infant son’s ribs and failing to seek medical treatment right away was sentenced Monday in Randolph County Circuit Court.

Phillip Robert Taylor, 32, of Mill Creek, was sentenced to six months in jail. That sentence was suspended for 90 days in jail followed by two years of supervised probation.

Taylor pleaded guilty to one misdemeanor count of child neglect creating risk of serious injury, a lesser included offense of the original charge of one felony count of child neglect creating risk of injury, as part of a plea agreement, during a Jan. 3 hearing.

The prosecution dismissed one felony count of child abuse resulting in serious bodily injury.

Prior to the sentence being handed down, Taylor spoke on his behalf, stating the incident was accidental and he had learned from it.

“I’ve learned from my mistake. I really did and I wasn’t being a father at the time when it happened with my son when I broke his ribs. It was an accident…,” Taylor said. “I am sorry. There ain’t no sorry for the kid but I am sorry that I wasn’t a father and didn’t step up and take him to the doctor when it happened.”

After explaining that Taylor was not convicted for breaking the child’s ribs, Taylor’s defense counsel, Timothy Prentice, said there was no malice in his delay in going to the doctor.

“The delay was not malicious or for any other purpose other than a lack of appreciation of the circumstances,” Prentice said.

Prentice added he also believed the incident to be a “horrible accident” and requested Taylor receive an alternative sentence of probation.

“He loves his children. This was a horrible accident and, frankly, under the circumstances, he should have found a doctor sooner than he did and he has learned from that,” Prentice said.

Per the plea agreement, the state stood silent regarding sentencing; however, the guardian ad litem for the child, Heather Weese, said she did not agree that Taylor was remorseful for his actions.

“There is always going to be a disagreement between Mr. Taylor and myself as to the nature of the injury he caused to his son. As the court is aware, I believe at the time of the injury the child was a matter of five or six weeks old so you are talking about an injury to a child that was defenseless and unable to protect itself while in the care, custody and control of the defendant at the time,” Weese said.

“The only thing he’s accepted responsibility for – and I’ll draw the court’s attention to the fact that he has not accepted responsibility for causing the injury itself – was that he neglected to seek medical attention,” she continued.

While handing down the sentence, Circuit Judge David Wilmoth said, while officials with the court don’t know how the infant sustained the injury, he believes Taylor may know.

“The injury to the child needed medical treatment. There was a delay in getting that medical treatment,” Wilmoth said to Taylor. “I’m concerned about how the child was injured. I don’t know how that occurred, although I suspect you do.”

Randolph County Assistant Prosecuting Attorney Christina Harper represented the state.

According to a criminal complaint filed in Randolph County Magistrate Court, at approximately 2 p.m. on Aug. 24, 2015, Trooper First Class J.J. Cornelius, of the West Virginia State Police, was dispatched to meet with a Child Protective Services employee at Davis Medical Center.

The CPS employee provided Cornelius with a CPS referral for law enforcement form that stated a 3-month-old child was brought to the hospital at approximately 9:48 a.m. with “a visible knot on his left ribs,” the complaint states.

Cornelius was told an X-ray was performed that showed “two fractures on ribs six and seven.” He also was told the infant’s mother had a black eye that she said was caused by “a child hitting her with a thrown toy,” according to the complaint.

On the same date, at approximately 3:40 p.m., Cornelius spoke with Dr. Amanda Pennington, who said the infant had “acute and recent” fractures to his ribs. At this time, Cornelius observed the bruise on the infant’s chest. Dr. Thomas C. Koay further indicated the fractures were present in the left fifth, sixth and seventh ribs, the complaint states.

At approximately 3:45 p.m., Cornelius conducted a recorded interview with the infant’s mother, who said she first noticed the injuries at roughly 8 a.m. She reportedly told police she takes care of the child, along with Taylor and two other individuals.

The infant’s mother indicated the child “suffered from constipation,” and the injury to her eye was from when “her child threw a toy while playing with the dogs,” court documents state.

Roughly 40 minutes later, Cornelius reportedly conducted a recorded interview with Taylor, who said “when (the juvenile) is burped, (the juvenile) likes to raise his head and it is possible someone grabbed him too hard.” Taylor “stressed” to Cornelius he was being truthful and that he “does not want anything to happen to his son,” according to the complaint.

When asked again about the injuries, Taylor said he “might of (sic) done it but I’m not one hundred percent sure,” and that the injury may have occurred when he was bouncing the infant on his knee and had his hands under his arms, the complaint states.

Cornelius was still in the hospital room when the CPS employee questioned Taylor, police said. During that interview, Taylor said he “grabbed (the juvenile) and felt a pop in (the) chest area,” according to the complaint. At that point, Cornelius once again began recording the interview. Taylor said at 6 a.m. he was “bouncing (the juvenile) on his lap and (the juvenile’s) head turned.” He said he “felt like (the juvenile) was going to get away from him and he clamped.”

Taylor said he did not intend to hurt the child and that he was scared because “it is his son and he ‘done it,’ but not intentionally,” according to the complaint. Taylor said after he “felt the pop” he laid the child down on the bed. Taylor said he did not observe the injury at the time but the infant’s mother “alerted him” to the injury.

Cornelius asked Taylor if he believed the injury to be the one he had caused earlier, at which time he indicated “he thought ‘oh my God, look what I just done.'” According to the complaint, Taylor then “exclaimed he does not want to lose his kid,” and that he did not tell the infant’s mother about the incident.

At approximately 10:45 a.m. on Oct. 21, 2015, Cornelius obtained the infant’s medical records from the CPS employee, documents state. The records indicated the infant had sustained “acute fractures to the left fifth, sixth and seventh ribs.” A photograph of the injury was also included in the file.

Dr. Pennington noted in the record that she questioned Taylor and the infant’s mother about the injuries on two separate occasions and each time they “declined any explanation.” Pennington wrote she told the two that there would be an investigation and CPS would be contacted, and Taylor responded, “No big deal, CPS has been called on me before.”

Pennington reportedly asked Taylor to elaborate and he responded, “He has two step daughters and their mother calls CPS on him all the time,” and then said “that this was stupid.”

When asked why he thought it was stupid, Taylor said, “Because I (Dr. Pennington) was going to admit his son.” Pennington expressed her concern about possible abuse and Taylor said, “This could have happened by picking him (the juvenile) up,” the complaint states.

Pennington then told Taylor “this was highly unlikely since infants are picked up all the time and do not present with rib fractures,” according to the complaint.

Also in Randolph County Circuit Court Monday:

• Joseph William Howell Jr., 25, of Beverly, was sentenced to one to five years in the state penitentiary on one felony count of delivery of a controlled substance, and one to five years in the state penitentiary on one felony count of conspiracy.

The sentences were ordered to run consecutively to one another; however, after completion of the first one- to five-year sentence, the second will be suspended for five years of supervised probation.

Additionally, while in Division of Corrections custody, Howell must successfully complete the Residential Substance Abuse Treatment program. He must also pay restitution in an amount to be determined by the Randolph County Probation Office.

Howell pleaded guilty to an information charging him with one felony count of delivery of a controlled substance and one felony count of conspiracy, as part of a plea agreement, during a Dec. 21 hearing. He waived indictment at that time.

The state agreed to dismiss one felony count of grand larceny and other misdemeanor counts stemming from an unrelated case.

Randolph County Prosecuting Attorney Michael Parker represented the state while Howell appeared with David Fuellhart as defense counsel. Wilmoth presided.

• Anna Tharan Biggs, 26, of Elkins, was sentenced to one to five years in the state penitentiary ordered to run consecutively to an 18 month sentence she is currently serving for a probation violation.

Biggs pleaded guilty to one felony count of conspiracy, as part of a plea agreement, during a Jan. 3 hearing.

The prosecution dismissed two felony counts of attempt of transportation of controlled substances onto the grounds of a correctional facility, two felony counts of attempt of delivery of contraband to an inmate, two felony counts of conspiracy and two felony counts of possession with intent to deliver a controlled substance.

Randolph County Assistant Prosecuting Attorney Richard Shryock represented the state while Biggs appeared with Melissa Roman as defense counsel. Wilmoth presided.

• Matthew William Heaster, 35, of Huttonsville, was sentenced to one to five years in the state penitentiary.

Heaster pleaded guilty to one felony count of conspiracy, as part of a plea agreement, during a Jan. 3 hearing.

The prosecution dismissed two felony counts of forgery, two felony counts of uttering and one felony count of fraudulent use of an access device. Shryock represented the state while Heaster appeared with William Tyler “Ty” Nestor as defense counsel. Wilmoth presided.

• Shatia Schae Ford, 23, of Beverly, was sentenced to one to five years in the state penitentiary. That sentence was suspended for five years or supervised probation and successful completion of the Randolph County Adult Drug Court program.

She must also register as a child abuser for 10 years.

Ford pleaded guilty to one felony count of child neglect creating risk of death or serious bodily injury, as part of a plea agreement, during a Jan. 3 hearing. The prosecution dismissed one misdemeanor count of possession of a controlled substance.

Shryock represented the state while Ford appeared with Prentice as defense counsel. Wilmoth presided.

• Lisa Jan Heaster, 46, of Huttonsville, was sentenced to one to 10 years in the state penitentiary. That sentence was suspended for five years of supervised probation and successful completion of the North Central Community Corrections program.

Heaster pleaded guilty to one felony count of forgery, as part of a plea agreement, during a Jan. 3 hearing.

The prosecution dismissed one felony count of forgery, two felony counts of uttering, one felony count of fraudulent use of an access device and one felony count of conspiracy.

Shryock represented the state while Heaster appeared with Brent Easton as defense counsel. Wilmoth presided.

• Michael Earl Vance, 36, of Elkins, was sentenced to one to 10 years in the state penitentiary. That sentence was suspended for one year of home confinement with electronic monitoring. He must also pay restitution in the amount of $50.

Vance pleaded guilty to one felony count of third-offense shoplifting, as part of a plea agreement, during a Dec. 5 hearing.

The state dismissed one felony count of conspiracy.

Parker represented the state while Vance appeared with Prentice as defense counsel. Wilmoth presided.

• Travis Lee Goldsmith, 29, of Elkins, pleaded guilty to one felony count of wanton endangerment involving a firearm and one misdemeanor count of brandishing a deadly weapon, a lesser included offense of one felony count of wanton endangerment involving a firearm.

The prosecution and defense jointly made a motion for the court to defer accepting the plea until Goldsmith served a period of time complying with requirements that were not laid out during the hearing. If he is successful during that time, he will be able to withdraw his plea on the felony count and plead to a second misdemeanor count of brandishing a deadly weapon.

A sentencing hearing is scheduled for 9 a.m. on March 22.

Parker represented the state while Goldsmith appeared with Dennis Willett as defense counsel. Wilmoth presided.

• Kimberly Hope Vandevender, 28, of West Union, pleaded guilty to an information charging her with one felony count of forgery, as part of a plea agreement. She waived indictment at that time.

She will also be required to pay restitution in an amount to be determined. The prosecution agreed to recommend she be sentenced to one to 10 years in the state penitentiary but also recommend that sentence be suspended for an alternative sentence.

A sentencing hearing is scheduled for 1 p.m. on May 22. Parker represented the state while Vandevender appeared with Fuellhart as defense counsel. Wilmoth presided.

• A capias warrant was issued for Tajia Jean Watson, 26, of Elkins, after she failed to appear for a sentencing hearing.

Watson pleaded guilty to one felony count of possession with intent to deliver a controlled substance, as part of a plea agreement, during a Jan. 3 hearing.

The prosecution dismissed one misdemeanor count of possession of a controlled substance.

Parker represented the state while Brian Bailey appeared as defense counsel on Watson’s behalf. Wilmoth presided.

• A capias warrant was issued for Kristin Michelle Wilburn, 26, of Elkins, after she failed to appear for a sentencing hearing.

Wilburn pleaded guilty to one misdemeanor count of second-offense shoplifting, a lesser included offense of the original felony count of third-offense shoplifting, as part of the agreement, during a Sept. 30 hearing.

Parker represented the state while G. Phillip Davis appeared as defense counsel on Wilburn’s behalf. Wilmoth presided.

• A capias warrant was issued for Robin Lee Short, 36, of Elkins, was issued after she failed to appear for a plea hearing.

Short is charged with one felony count of first-degree robbery.

Parker represented the state while Prentice appeared as defense counsel on Short’s behalf. Wilmoth presided.

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