Corey sentenced to 70 months to 20 years for child abuse
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HARRISVILLE -- Nickolas Corey, 24, was sentenced to 70 months to 20 years in prison for a charge of first-degree child abuse on Tuesday in the 23rd Circuit Court in Alcona County.
Corey pleaded guilty to that charge on July 28. On Tuesday, Judge Laura Frawley said that Corey had testified at his plea hearing that he "picked him up roughly," referring to the infant child that was the victim of the abuse.
At Corey's preliminary examination in February, The News reported that the victim in the alleged abuse was Corey and Sabrina Horton's three month old infant. Corey and Horton were previously a couple.
It was alleged that Corey was awake with his three month old infant on the night of May 22. On the morning of May 23, the child was struggling to breathe, was cold to the touch, and had his arms sticking straight out in front of him with clenched fists. Horton called 911 and the child was transported to MyMichigan Medical Center Tawas. From there, the infant was transported to Hurley Medical Center in Flint, and then to University of Michigan C.S. Mott Children's Hospital.
Dr. Carla Parkin-Joseph, child abuse pediatrician at C.S. Mott testified during the examination that the most consistent diagnosis, in relation to the injuries identified for the child, would be child physical abuse or abusive head trauma.
Abusive head trauma is the term now used for what was formerly called shaken baby syndrome.
Horton was formerly charged with first degree child abuse, but that charge was dismissed in a plea deal on Feb. 20, when she waived her right to a preliminary examination.
She then pleaded guilty to a charge of using computers to commit a crime and a charge of accessory after the fact to a felony. Horton will be sentenced at 9:30 a.m. on Sept. 25.
At Tuesday's sentencing, Alcona County Prosecuting Attorney Elizabeth Reed said that this is a "heart versus head matter."
"The plea agreement that the People reached doesn't adequately reflect the seriousness of what happened to this 4-month-old baby, but it does reflect the legal reality of the situation, the facts, the evidence that have developed in this case," Reed said.
Reed said that the People are recommending a much less serious sentence than what the facts call for.
The child is blind and has no meaningful cognition as a result of the injuries, according to Judge Frawley.
Reed said that had there been a trial, she thinks the jury could have reasonably found Corey guilty of second degree child abuse versus first degree simply based on intent.
"The things that are concerning to the People in terms of having a trial on this case are I cannot tell you what the mechanism of injury is," Reed said. "I can't tell you whether this baby was shaken or thrown down, I can tell you that Ms. Horton says that she had advised the defendant not to be so rough with the baby previously."
The recommendation in Corey's plea deal is for a sentence of 6.5 to 10 years in prison. A sentence of 10 years is the maximum a person can be in prison for first offense second degree child abuse. Reed based the sentencing recommendation off that maximum.
The maximum sentence for first degree child abuse is life imprisonment.
Defense Attorney Bill Pfeifer said he did not have a whole lot to say given the circumstances. He asked that Judge Frawley honor the plea agreement in sentencing.
Corey was given the opportunity to speak but declined.
Frawley discussed the irony of justice for the child in this case.
"I find it a little bit ironic that you talk about 'what is justice' for this child who really has a life sentence," Frawley said. "These injuries were severe."
Frawley said that 911 was not called for about four hours when the baby was noticeably pale, cold to the touch, and non-responsive.
"That's a 4-month-old child that's completely dependent on you, Mr. Corey," she said. "Your testimony was that you just picked (the child) up roughly. For the injuries to occur it was pretty rough...these injuries were not the result of just roughly putting that child over your shoulder. Something more went on than that. And it was violent."
Frawley sentenced Corey to 70 months to 20 years in prison.
Frawley acknowledged that she does feel that Corey has a sense of remorse over the incident.
She said Corey has the choice to use that time in prison to better himself.
Corey told Frawley he fully intends on using all the resources available to him in prison.
"I hope that you do," Frawley said. "Good luck to you."