Edmonton father jailed for throwing infant son in 'frustration'
By Tony Blais, Edmonton Sun First posted: Saturday, April 18, 2015 09:54 AM EDT
EDMONTON -- A tearful Edmonton father who vigorously threw his 13-week baby boy "in a moment of frustration" - causing a severe brain injury - was put behind bars on Friday.
Kelly Scott Hilbert, 40, was sentenced to six months in jail, to be followed by two years of probation, after earlier pleading guilty to aggravated assault.
Justice Sterling Sanderman accepted Hilbert had thrown his son when he "lost his temper for one instant," but ruled it was a "terribly, terribly dangerous thing to do" with "catastrophic results."
Sanderman also ruled that it was a "gross violation" of the trust placed on parents.
"You abused that trust," said Sanderman, adding that all parents have to know that if they commit such crimes, they will be facing jail terms.
The judge rejected the Crown's call for a sentence of three to four years in prison, noting Hilbert was remorseful and had tearfully apologized, he had no prior criminal record and good family support and he has been separated from his wife and their three children for 30 months.
"Surely you did not intend this harm. That's a given," said Sanderman. "This was a sudden act with little time of reflection."
According to an agreed statement of facts, on the evening of Aug. 19, 2012, Hilbert's wife had gone to take a nap and left him in charge of their then-two-year-old son and their then-13-week-old twin boy and girl.
In a basement bedroom, Hilbert laid a blanket on a bed beside a small vibrating infant chair with a metal frame and then went to another room to get the infant boy.
While walking back to the bedroom, the baby grabbed Hilbert's chest hair, gripping it tightly, and, as he stood over the bed, he threw the baby down onto the bed.
The baby bounced on its back up from the bed and flipped over and banged his head on the metal frame of the infant chair as he came down.
"This throw was vigorous, with the force equivalent of a fall from a two-to-three-storey building, or a significant high impact vehicle collision, such as would cause extensive exterior car damage," according to the agreed facts.
Hilbert later woke his wife and told her there was something wrong with the baby, but didn't tell her anything that caused her concern.
She called 911 and the baby was taken to hospital, where it was determined he had suffered a severe brain injury.
There was also a bruise on the baby's face with a pattern that was consistent with a slap.
Court heard Hilbert admitted to police what he had done after initially giving an untrue story.
A pediatrician testified the boy, who is now nearly three, has good motor skills, but some cognitive delay, and said he cannot predict whether there will be future problems.
Before being sentenced, Hilbert tearfully read out a letter to his son, saying he was "so sorry" for his "careless act" and thinks about it every day.
"I failed as a father. I was too proud to ask for help," he said, ending by saying he loves him so much and vowing that he will always be there for him.
Edmonton father jailed for throwing infant son in 'frustration' | Canada | News
By Tony Blais, Edmonton Sun First posted: Saturday, April 18, 2015 09:54 AM EDT
EDMONTON -- A tearful Edmonton father who vigorously threw his 13-week baby boy "in a moment of frustration" - causing a severe brain injury - was put behind bars on Friday.
Kelly Scott Hilbert, 40, was sentenced to six months in jail, to be followed by two years of probation, after earlier pleading guilty to aggravated assault.
Justice Sterling Sanderman accepted Hilbert had thrown his son when he "lost his temper for one instant," but ruled it was a "terribly, terribly dangerous thing to do" with "catastrophic results."
Sanderman also ruled that it was a "gross violation" of the trust placed on parents.
"You abused that trust," said Sanderman, adding that all parents have to know that if they commit such crimes, they will be facing jail terms.
The judge rejected the Crown's call for a sentence of three to four years in prison, noting Hilbert was remorseful and had tearfully apologized, he had no prior criminal record and good family support and he has been separated from his wife and their three children for 30 months.
"Surely you did not intend this harm. That's a given," said Sanderman. "This was a sudden act with little time of reflection."
According to an agreed statement of facts, on the evening of Aug. 19, 2012, Hilbert's wife had gone to take a nap and left him in charge of their then-two-year-old son and their then-13-week-old twin boy and girl.
In a basement bedroom, Hilbert laid a blanket on a bed beside a small vibrating infant chair with a metal frame and then went to another room to get the infant boy.
While walking back to the bedroom, the baby grabbed Hilbert's chest hair, gripping it tightly, and, as he stood over the bed, he threw the baby down onto the bed.
The baby bounced on its back up from the bed and flipped over and banged his head on the metal frame of the infant chair as he came down.
"This throw was vigorous, with the force equivalent of a fall from a two-to-three-storey building, or a significant high impact vehicle collision, such as would cause extensive exterior car damage," according to the agreed facts.
Hilbert later woke his wife and told her there was something wrong with the baby, but didn't tell her anything that caused her concern.
She called 911 and the baby was taken to hospital, where it was determined he had suffered a severe brain injury.
There was also a bruise on the baby's face with a pattern that was consistent with a slap.
Court heard Hilbert admitted to police what he had done after initially giving an untrue story.
A pediatrician testified the boy, who is now nearly three, has good motor skills, but some cognitive delay, and said he cannot predict whether there will be future problems.
Before being sentenced, Hilbert tearfully read out a letter to his son, saying he was "so sorry" for his "careless act" and thinks about it every day.
"I failed as a father. I was too proud to ask for help," he said, ending by saying he loves him so much and vowing that he will always be there for him.
Edmonton father jailed for throwing infant son in 'frustration' | Canada | News
