Man Convicted of Killing Baby to be Resentenced

Tools

By Aaron Hepker

Story Created: Nov 27, 2009 at 12:04 PM CST

Story Updated: Nov 27, 2009 at 12:04 PM CST

CEDAR RAPIDS — A 26-year-old Washington County man who shook his toddler, causing brain damage, will be resentenced based on a district court error, the Iowa Court of Appeals ruled this week.

Jared York was convicted and sentenced in 2008 for child endangerment with bodily injury and involuntary manslaughter by public offense. He shook his 6-month-old daughter, causing fatal brain trauma and injuries of bleeding on the brain, inside the eyes and inside the optic nerve sheaths. She also had bruising on her body, left arm, legs and back.

According to an Iowa law, if a person is prosecuted for a public offense, the defendant can be convicted of either the public offense charged or an included lesser offense, but not both. The public offense in this case was child endangerment.

The court ruled it was impossible to commit the greater offense of involuntary manslaughter by child endangerment without also committing the lesser offense of child endangerment. The two offenses would merge and there’s no clear indication that the Legislature intended cumulative punishments, as was given in this case.

A new sentencing date was not immediately set.

Next Article OWI Charge Against Keokuk County Sheriff Dismissed

Conversation Guidelines

Be Kind

Don't use abusive, offensive, threatening, racist, vulgar or sexually-oriented language.
Don't attack someone personally. Keep it civil and be responsible.

Share Knowledge

Be truthful. Share what you know and what you are passionate about.
What more do you want to learn? Keep it simple.

Stay focused

Promote lively and healthy debate. Stay on topic. Ask questions and give feedback on the story's topic.

Report Trouble

Help us maintain a quality comment section by reporting comments that are offensive. If you see a comment that is offensive, or you feel violates our guidelines, simply click on the "x" to the far right of the comment to report it.

read the full guidelines here »

Commenting will be disabled on stories dealing with the following subject matter: Violent crime, sexual abuse, Amber Alerts, Operation Quickfinds and suicides.