Appeals court affirms child neglect sentenceDecember 24, 2020
By The Associated Press
HAMMOND — The state appeals court has affirmed the sentence of a man who broke the wrist of a 5-year-old child in his care at a northwest Indiana day care center.
Mack Arthur Giles III, 24, pleaded guilty in July to neglect of a dependent and was ordered to serve three years in prison and one year in a post-prison work-release program.
Prosecutors said security camera footage at the A is for Apple Learning Center in Hammond showed Giles jerking the child to the ground and back on his feet multiple times and twisting the youngster’s arm. The child suffered a broken wrist and a bruised shoulder, court records show.
Giles' appeal argued that his sentence was inappropriate given his guilty plea, remorse, lack of criminal history, youth and general good character, The (Northwest Indiana) Times reported.
But the three appellate judges unanimously agreed in a Tuesday decision that the evidence in the case justified the prison term handed down by a Lake County Superior court judge.
The appeals court cited the “shocking” nature of Giles’ offense, including committing a crime while in a position of trust and injuring a child while the child’s brother watched through a window, and failing to report to child's injuries to his supervisors for three hours.
“Given these facts, Giles has not convinced us that the nature of the offense demands a lesser sentence,” the appeals court said.
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