Updated 08/22/2012 04:39 PM
Glens Falls man sentenced to 25 years for assaulting baby
A Glens Falls man will serve the maximum sentence for assaulting a 7-week-old baby back in March. As our Megan Cruz reports, it's part of a plea deal that dismisses the eight other charges he'd been facing that alleged much more than assault.
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LAKE GEORGE, N.Y. -- "This child will be forever marred by this event, and there's no certainty as to whether she'll be able to see, whether she'll ever be cognitively functioning, and it's all because of what that defendant did in his depraved conduct on March 2nd," said Warren County District Attorney Kate Hogan.
David Cook, 33, chose not to apologize before his sentencing Wednesday. He pleaded guilty last month to first-degree assault of a 7-week-old baby who he'd been caring for while her mother was out. The child spent close to two weeks in the hospital with broken bones and injuries to her head.
Warren County Judge John Hall said, "It's the judgment of this court that you be sentenced to a term of 25 years in state prison to be followed by five years of post release supervision."
First-degree assault was the most severe of the nine charges Cook was initially facing. Charges including sexual assault and strangulation were not part of the plea deal, but the prosecution and defense both say they are pleased with the agreement reached.
"I could have gone to trial, proved everything in that indictment including the sexual assaults, and the judge could in his discretion give less than 25 years," said Hogan.
"All those crimes will be dismissed as covered by this plea bargain which asked him to accept responsibility for the assault, which is what he did," said Marc Zuckerman, the defense attorney for Cook. "He denied responsibility for any sexual crime."
Family members of the baby who came to the sentencing say they're glad this part of the ordeal is over. One said, "He deserves nothing less than what he got, but he deserves a lot more."
They say the baby girl is still suffering.
"The report of my client's brain reflects permanent damage, the magnitude of which is presently unknown," said Martin Cohen, the attorney representing the baby. "What is known, is that now, at eight months old, the fracture of the leg has healed, but the right leg doesn't work like it should."
The girl is currently in foster care.
Also, Cook must abide by an order of protection and pay $2,400 in restitution. The judge says the amount is to pay off a small portion of the baby's medical bills.