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Sentence in child assault case upheld

Jarred Blauser

Judge Gregory Hammond has rejected a motion to reconsider a sentence in a case against a Warren man who assaulted a 3-year-old and his own 2-month-old infant.

Jarred D. Blauser, 19, was sentenced last month to the maximum sentence in state prison — 72 months — on charges of aggravated assault of a child and endangering the welfare of children.

He was not present for Friday’s argument before Hammond.

Police detailed the extent of the injuries in the affidavit of probable cause. The 3-year-old suffered a black eye while the 2-month-old was ‘flicked’ in the face, struck in the body twice with a closed fist and at least twice struck across the face with the back of Blauser’s hand.

Blauser’s attorney, Henry Borger, told the court on Friday that Hammond made some comments at sentencing “not supported by the record.”

He challenged comments made by Hammond that his client was not remorseful, statements about the seriousness of the offense and that Blauser had not accepted responsibility.

Hammond had verbally ripped apart the letters provided on Blauser’s behalf for not acknowledging the victims. Borger said he advised those writing on his behalf not to discuss the victims or shift any blame.

Borger said there was nothing in the record to suggest that the “child was medically in danger” and highlighted steps Blauser took to better himself behind bars.

“Mr. Blauser prepared for the worst,” he said. “Much of what he did here was truly on his own.”

He stressed that his arguments were not “meant to diminish” or “minimize what happened” to the victims; however, he argued that the sentence imposed should reflect the evidence on the record and said Hammond took elements out of context in fashioning the sentence.

District Attorney Rob Greene asked why Warren General Hospital sent the child for treatment to UPMC Children’s Hospital in Pittsburgh, suggesting that move is not “standard operating procedure.”

“Thank God the child does not have lasting injuries,” he said. “This case is beyond the pale.”

Greene recounted the conduct and said “there’s something frog with Mr. Blauser…. It scaesme to death Mr. Blauser will be out. God forbid what he will be able to do to any other person.”

Hammond then delivered a lengthy argument in support of the sentence he imposed.

He started by suggesting that there is a “significant difference in focus” between the help he thinks Blauser needs and the help his family thinks he needs.

“He should not ever be a parent to his son or this little girl again,” he said. “He’s got an issue that goes well beyond parenting classes.”

Hammond repeatedly blasted Blauser for calling his behavior in the crime “irresponsible.”

“Fundamentally, he put nowhere in this letter what his actions were,” he said. “We differ on the length and focus of that rehabilitation. I’m not giving him a second chance to harm these two children again.”

Hammond said that there are instances where we forfeit parts of our lives.

“Hopefully, he refocuses his mission to get to the bottom of his issues.”

Borger noted Blauser’s low risk assessment score.

“It was a low risk assessment,” Hammond acknowledged. “I disagree with it,” saying that it is “outweighed by the facts of this case” and the aggravating factors used to hand down the maximum sentence.

Those include the age, relationship and injuries of the victim, the prior assault of a child and a demonstration that he does not understand the nature of his actions.

“I think he needs to stay away from children,” Hammond said. “If you punch with that kind of force… you can kill the child. I stand by that.”

He said that conduct “is beyond my understanding of human nature.”

He concluded by saying that Blauser has 30 days from Friday to appeal the sentence to the state Superior Court.

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