HUTCHINSON, Kan. — A 25-year-old Hutchinson man was sentenced Friday on a single count of abuse of a child to 130-months, but then granted 36-months community corrections.
However, Cody Hazard will have to serve 60-days in the Reno County jail as part of those corrections.
He was convicted of causing severe bruising to the bottom of a 3-year-old boy on November 14, 2012. Police say it was caused by using excessive force when spanking the child.
Police got involved after they were notified by a daycare provider when the child was going to the bathroom and told them of what he called “ouchies” on his bottom.
Judge Tim Chambers agreed to the downward departure in the case over the objection of the state. District Attorney Keith Schroeder argued that Hazard has criminal history score of “A”, which is the most severe under sentencing guidelines. But, Defense Attorney Sarah McKinnon ask for the departure noting that since the incident, her client has attended parenting and anger management classes. She also noted letters from his employer and an immediate supervisor with support for a non-prison sanction.
Hazard in a separate case faces charges associated with a hit-and-run accident last week.
Police took Hazard into custody after he allegedly hit a parked vehicle next door to his residence two hours earlier. While hazard was cited for leaving the scene of an accident, failure to report an accident and no liability insurance, he was jailed for failing to appear on charges of theft and domestic violence from two separate cases.