BROOKINGS – A Brookings man who pleaded no contest to assaulting a 4-month-old girl this spring has been sentenced to four years in prison.
A Brookings County grand jury indicted Hector Munoz Muniz, 27, on two felony counts of aggravated assault in April.
He entered his no contest plea in Brookings County Circuit Court on July 8 to one count, and the other was dismissed as part of a plea deal. The State deferred to the court for sentencing, and no additional charges will be brought in the case.
A probable cause statement from Brookings Police says that on April 3, police were called to the Brookings ER for a report of a baby with a spiral fracture to the right humerus.
An exam found the arm fracture and a fracture on the right side of the girl’s skull, the statement says. The injuries occurred between March 14 and April 3.
Munoz Muniz pleaded no contest to the count alleging that he caused the girl’s arm fracture.
At sentencing Wednesday, defense attorney Ellie VandenBerg called her client a gentle, kind and loving parent. He’s remorseful for his actions and that he caused harm to the child, she said.
The attorney said Munoz Muniz had no intention of hurting the girl and made a huge mistake when he picked her up by her arm. Munoz Muniz took the girl to the hospital the next day when he noticed she had no strength in her right arm.
VandenBerg also claimed that a follow-up medical appointment found a phosphate deficiency that weakened the girl’s bones, and that hospital notes didn’t support any violence toward the child on the day she was brought in.
The attorney asked the judge to consider a suspended execution of sentence and county jail time, with credit for 111 days already served. Munoz Muniz pleaded no contest because the injury to the girl was not intentional, and there’s no indication of him being an angry, violent or hostile man, VandenBerg said.
Circuit Judge Dawn Elshere said she didn’t doubt that Munoz Muniz loved the girl, but Munoz Muniz pleaded no contest to aggravated assault, and he harmed a defenseless child in his care. The judge characterized the medical information and details from the internet presented by VandenBerg as not reliable or relevant to the case.
Elshere said Munoz Muniz was not accepting responsibility for his actions, noting that he harmed the girl “on more than one occasion.” The judge referenced the charge that was dismissed in the case, asking Munoz Muniz why he didn’t think punching a child in the head would cause harm.
Elshere then sentenced Munoz Muniz to eight years in the South Dakota State Penitentiary, with four of those years suspended.
Munoz Muniz must pay court-appointed attorney fees and $106.50 in court costs, remain law abiding, and abide by the rules and regulations of the Board of Pardons and Paroles.
Elshere gave Munoz Muniz credit for 111 days served in jail and remanded him to the custody of the Brookings County Sheriff’s Office for transport to the state penitentiary.
VandenBerg said she objected to the judge referencing the accusation related to a skull fracture, saying it wasn’t part of Munoz Muniz’s plea and shouldn’t be part of the sentence.
Elshere said the court has to look at everything related to a case, and the alleged assault resulting in a skull fracture demonstrated escalating violence toward the victim.
Aggravated assault is a Class 3 felony punishable by up to 15 years in prison and a $30,000 fine.
Contact Jill Fier at jfier@brookingsregister.com.
