HUTCHINSON, Kan. – A 29-year-old Hutchinson man found guilty of two counts of abuse of a child was granted community corrections Friday by District Judge Tim Chambers.
The judge sentenced Brent Burton to three years in prison, but then granted three years community corrections. But, he then sanctioned Burton with 60-days in the Reno County Correctional Facility as part of the corrections. That will be worked out with his corrections officer as to when he will actually have to serve that time.
This coming after the judge denied a request for a new trial by the defense because of statement made at trial by a witness that the kids at one point were placed in foster care. Defense Attorney Bonnie Corrado noted to the court that in fact the kids were taken from the mother and Burton was allowed to care for them. Judge Chambers having already ruled on this issue denied the request.
The case involved two children, ages five and two and half. The abuse occurred back on May 3, 2014, when Burton was left in charge of the kids while the mother was away. He apparently fell asleep and the two kids left the home and were across the street in a park near a busy city street. Burton apparently woke up and couldn’t find the kids. He then went looking for them and after finding them in the park apparently punished them to the point, that the state alleges abuse. The children had bruising mainly on their buttocks, but also on the boys arm which showed where Burton had grabbed him. The jury agreed with the states allegations that Burton extended inhuman and corporal punishment on the two kids.
District Attorney Keith Schroeder when asked for a recommendation on sentencing left it to the courts discretion whether to grant corrections or send him to prison. However, Schroeder did request consecutive sentencing. Judge Chambers sentenced Burton to three years on count one and two years, eight months for count two. He ran the sentences concurrent to each other for a controlling sentence of three years.
Burton told the judge prior to sentencing that he tried to a good example for his kids and was just doing the best he could.
Judge Chambers told the defendant that what he did was not discipline but abuse. He told Burton that he saw the pictures during the trial and told Burton that what happened is that he lost control and were angry. He also noted that Burton has a history of violence with a domestic battery conviction. Judge Chambers called this a domestic violence case.
If by chance, he has to serve the prison term at any point, there would be 24-months post release supervision once released from prison.