Waunakee dad gets 15 years in prison in baby's death
A young father, who described himself as a stay-at-home dad and said he "lost it" and beat his baby when the 11-week old wouldn't stop crying last February, was sentenced to prison Thursday for 15 years following a two-hour emotionally laden hearing which brought sobs from many in the courtroom.
David Roberts, 21, who was living in Waunakee at the time he beat his son, Aaron Michael-Alan Roberts, must also serve 20 years of extended supervision when he completes his prison term.
Aaron was the second child born to Roberts and his girlfriend, LizaMarie Cobb James, and Cobb James broke into sobs as she talked about the effect of the loss of her son on her and her family. "He took away one of the things I loved," she said amid tears. "I will never be able to forgive him for what he has done."
Dane County Circuit Court Judge Daniel Moeser, who imposed the prison term, said the fact a death resulted from the abuse by the father meant a "significant period of confinement" was warranted in the case.
Earlier the judge heard recommendations that reflected the chasm in the case between the Roberts family and that of Cobb James. Assistant District Attorney Robert Kaiser recommended Roberts be sentenced to 20 years behind bars to be followed by 10 years of extended supervision while defense attorney Dorothea Watson recommend the prison term be limited to three years, to be followed by 17 years of extended supervision.
The baby's maternal grandparents, Lori and Mike Farrell, upset the Roberts had been allowed to plead no contest to first degree reckless homicide, reduced from the initial charge of first degree intentional homicide, waged a letter writing and petition campaign encouraging people to demand that Roberts be sentenced to the maximum penalty of 40 years in prison followed by 20 years of extended supervision.
"This tragedy has highlighted a trend that is totally intolerable," they wrote to the judge before Thursday's hearing. "The community has started to voice its outrage, not only at the loss of Aaron Michael, but even at the tragically high number of infant fatalities at the hands of irresponsible parents and primary caregivers," they wrote.
Their petition drive and letter campaign resulted in 472 people signing petitions or writing letters to the court demanding the maximum penalty. While most of those letters came from Dane County, there were communications from 17 other states and seven foreign countries, including Saudi Arabia and Australia, demanding that maximum penalty.
The onslaught of letters caused Moeser to caution during his remarks that courts "do not make decisions on what is politically correct . . . or who sends in the most letters."
While those letters demanded "justice for the vicious, heartless, inhumane beating (Aaron) took at the hands of his father," they also fueled remarks from members of Roberts family, who said he snapped under the constant tension of nagging by LizaMarie.
His mother and aunt, as well as his father's girlfriend, all described Roberts as a kind and gentle man who was constantly the target of LizaMarie's aggression. And while all said they could not believe he would kill his son, they said they have come to accept that after David admitted his guilt.
Roberts and Liza "had a very bad relationship," said Roberts' mother Linda. "He had to flip out at something," in order to beat his son, she sobbed, adding it was probably the constant criticism from Liza that led him to be so stressful. "He had to let it go and he let it go on the wrong person," she said. "He loved those kids. He's only a kid himself, he didn't do this on purpose."
Kaiser, in recommending a 20-year term, said Roberts told police numerous different stories about how little Aaron came to have his injuries, and said he has still not been truthful in admitting how many times he had struck the baby. He suggested Roberts may have been hitting the baby as a surrogate for Liza, and showed the judge a series of pictures which showed the numerous wounds to the little boy, and said doctors have characterized those wounds as being administered by a force equivalent to a fall from a three-story building or a high-speed car crash.
All of that, he said, came about because the child was crying. "Doing nothing more than being a baby, and it's not his fault," Kaiser said, adding that millions of parents each day are under stress and deal with crying babies without killing them.
Watson, in written arguments presented to the judge earlier this week, said Roberts was under great stress because he was "regularly berated and abused by his girlfriend and shunned by her family," and acted in a "momentary lapse of judgment.
"As horrific as David's actions may appear, the truth is David Roberts never intended for his son to die, only to stop crying."
Roberts often sat with his head on the defense table during the proceedings, crying several times as he listened to the others speak. When it came his turn, he took a few moments to collect himself, then said "There is no way that I could say how sorry I am." He apologized to Liza, saying "I know that she is hurting as much as I am," and thanked his family for their support.
"Also, your honor, I hope you will have mercy on me when you make your decision," he concluded.
Moeser called the matter a "very human tragedy," in which the "impact on those who cared for and loved this child will be forever."
"It is understandable you reached a breaking point," he told Roberts. "But what you did when you reached that breaking point is unacceptable."
"The fact that a death was involved (means) there has to be a significant amount of confinement," he said in ordering the 15 years behind bars. Along with the extended supervision, it means Roberts will be 56 years old when he finishes his total term. Moeser also ordered that during the time of the extended supervision Roberts have no contact with LizaMarie and her family, and that he not have any contact with his daughter unless that is approved by the juvenile court.
