Tyler C. Abair is accompanied by his lawyer Shane O’Rourke in Lewis County Superior Court.
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – A Napavine area father accused of shaking his 4-month-old daughter, causing a bruised brain pleaded guilty yesterday to a much lesser offense than originally charged with.
Prosecutors concluded the evidence didn’t show that Tyler C. Abair committed first-degree assault, and he pleaded guilty to third-degree assault instead.
“In this particular case, the child has recovered,” Lewis County Deputy Prosecutor Senior Deputy Prosecutor Will Halstead said.
Abair was arrested last spring, a month after an incident in which he said the infant choked on formula and stopped breathing. He acknowledged that he shook her, but also that he was terrified and didn’t know CPR, according to court documents.
Court documents referenced a doctor who indicated the child exhibited classic but not severe signs of Shaken Baby Syndrome.
The 23-year-old was living with his ex-wife with whom he was reconciling, and their twins, staying at home caring for them while she worked.
Halstead said Abair’s actions were negligent, but lacked intent to harm the baby; the difference between the two offenses.
Halstead noted to the judge yesterday afternoon in Lewis County Superior Court that a workup on the other twin left them believing the hemorrhaging came from birth.
Abair was represented by defense attorney Shane O’Rourke
Abair also pleaded guilty to second-degree theft, for separate conduct that was not previously charged.
Halstead told the judge they wanted to do the sentencing on another day, so the child’s mother could attend the hearing.
When he is sentenced Jan. 28, he faces a standard sentencing range of 12 to 16 months, according to O’Rourke.
Abair was arrested on May 6, 2014, and remains in the Lewis County Jail.
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For background, read “High bail ordered for Chehalis dad in shaken baby case ” from Wednesday May 7, 2014, here
Tags: By Sharyn L. Decker, news reporter
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