Published: August 19, 2008 11:45 am         

McDonalds sentenced for child abuse

Shook and spanked 1 year old in effort to get it to stop crying

James and Brittany McDonald, who pleaded guilty in June to child abuse, were sentenced Friday in Laurel Circuit Court.

James McDonald, who Assistant Commonwealth’s Attorney Harold Dyche said shook and spanked the 1-month-old baby in and effort to get it to quit crying, was sentenced to 13 years in prison. Under the terms of the agreement, he received 8 years for criminal abuse, enhanced by 5 years because of an additional charge of persistent felony offender.

“The court notes the violent nature of the offense,” Circuit Court Judge Roderick Messer said in explaining why he would not consider probation or alternative punishment in lieu of prison time.

Brittany McDonald, who was initially charged with first-degree criminal abuse, was sentenced to 3-and-a-half years in prison in return for her guilty plea to an amended charge of second-degree criminal abuse.

Dyche explained that while Brittany McDonald did not actually abuse the child, she place it in a situation which caused it to be in danger of serious injury or death.

“Given the nature of the offense and the fact that the victim was a small defenseless child, the court cannot consider probation or an alternative punishment,” Messer noted in mandating prison time.

The incident which is the basis for the charges reportedly took place on Nov. 27, 2007. Following an investigation by Kentucky State Police, the case was presented to a Laurel County Grand Jury. When the grand jury returned the indictments, the court issued arrest warrants. On Feb. 15, the McDonalds were taken into custody and lodged in the Laurel County Detention Center.

The McDonalds will each receive 183 days of jail credit toward the service of their sentences. Dyche said under Kentucky Law, they must each serve 20 percent of their respective sentences before they will be eligible for parole.