A Warren man faced sentencing Friday for those charges that resulted in a guilty verdict following his April 9 trial.
Francis J. Notoro was sentenced by Judge Gregory Hammond on charges of simple assault and endangering the welfare of a child to between 44 and 88 months in state prison.
Following a trial that lasted nearly nine hours, a jury ruled Notoro not guilty on four other counts including; involuntary deviant sexual intercourse with a child, indecent assault and rape of a child.
Hammond sentenced Notoro to serve between 30 and 60 months incarceration in a state correctional facility, with credit for time served, to be served consecutively to a current sentence of between 90 days and two years in a state correctional facility for a count of institutional vandalism; for a count of simple assault. In addition to his incarceration, Hammond sentenced Notoro to undergo a sexual offenders evaluation due to the nature of his victim's injuries, undergo a mental health evaluation and have no contact with his victim or his victim's mother.
For a count of endangering the welfare of a child, Hammond sentenced Notoro to a consecutive sentence of between 14 and 28 months incarceration in a state correctional facility.
Hammond ordered Notoro to pay a total of $2,125 in fines and costs.
The charges against Notoro stemmed from a July 15 incident in which he brought his two-month-old son to Warren General Hospital for bruising and lacerations medical personnel believed to be consistent with bite marks. Injuries were sustained to the child's breast, stomach, leg and groin areas.
At various times following the incident, Notoro attributed the injuries to slipping and falling with the child and the actions of another child. Notoro finally testified at at trial that he caused the injuries by striking the child while upset over being unable to find a clean cloth diaper.
During Friday's proceedings, Notoro asked Hammond to disregard any sexual offenders evaluations, pointing out he was found not guilty of all sexually-derived charges.
Prior to passing sentence, Hammond explained his decisions.
"With the respect to the simple assault charge, I'm going to sentence you outside the guidelines based on your testimony at trial," Hammond said.
He went on to justify the sentence on official record on a point-by-point basis.
Hammond's statements included:
"You're victim was particularly vulnerable," Hammond noted. "He was two months old. Not two years. Not twelve... He had no idea why what was happening was."
"He was in your exclusive care... the one man in this world who is willing to do anything to protect a child... You're the man who's caused the most pain... in his life."
"The nature of your assault indicates extreme cruelty."
"You caused serious injuries..."
"You did not go straight to the hospital and lied to medical providers... You took a nap."
"You've shown no remorse... You've been more concerned with proving how smart you are."
Hammond went on to provide some comments for Notoro personally.
"You feel vindicated a jury found you (didn't do certain sexual things)," Hammond said. "You punched (small child). Congratulations on your courtroom victory."
Finally, Hammond gave an indication as to his logic in imposing the sentence.
"This is so far removed from a normal simple assault that it would be an injustice to sentence you within the standard range," Hammond said.
He went on to explain his no contact order, continuance of which after Notoro's release will be dependent upon state parole conditions, "It is my opinion you forfeited your rights... Your actions are so cold-hearted... I feel you should have no part in (his) life."