By JOHN SIMMONDS
Hays Post

In Ellis County District Court Tuesday, a Hays woman who initially was charged with felony child abuse has been sentenced to probation.

Jody Brooks had been charged with felony child abuse but, per a plea agreement, pleaded guilty to three counts of misdemeanor child endangerment.  She was sentenced to 12 months probation, with an underlying sentence of 18 months.

In the original criminal complaint, Brooks was alleged to have “struck and/or stomped on the child, resulting in a mid shaft tibia fracture to (the child’s) left leg.”  She also was alleged to have caused severe bruising to the child’s groin, ears and head.

During the proceedings, Ellis County District Attorney Tom Drees explained the plea agreement agreed upon by both parties takes into account new medical evidence. Drees explained why the state was willing to agree to a plea agreement for this case after initially pursuing a felony charge.

“The state, after reviewing the evidence at the time, believed they were the appropriate charges.  Now we’re just in the situation where if the jury believes the state’s version it’s a level 5 abuse,” Drees said.  “If they believe the defendant’s version, it’s probably an acquittal. So we’re meeting in between those two, your honor, with the plea to the three person misdemeanors to give her a felony equivalency.”

Judge Glenn R. Braun, who presided over the hearing and had signed the probable cause affidavit, said while he wasn’t present for all of the proceedings, he had enough information for sentencing.  He added the court takes all offenses regarding a child seriously, and it’s the job of the court system to be the voice of the victims in these cases.

“The court is alarmed to some extent at the plea in this case.  I understand the rationale announced by the county attorney but I’ve also read the probable cause affidavit and noted that at least according to the officer who swore this under oath that the defendant stated that at the time the mother of this child left for work this child had no injuries and then the child was discovered with broken leg and severe bruising, which the court finds difficult to occur with a fall on a couch.”

The defense spoke up and offered the following medical evidence, which was the basis for the compromising plea agreement between the state and the defendant.

• There was evidence the leg was already healing from a previous fracture.
• The child had been favoring the injured leg.
• The bruising to the groin was determined to be consistent with straddling a solid piece of wood, such as the arm rest of the piece of furniture.
• The defendant came into the room and found the child’s leg caught in the arm rest, which would explain the fracture where it had been healing.

Judge Braun stated there is also a Child in Need of Care case that is ongoing separately from the criminal proceedings. There had been a no-contact order between the defendant and the child’s mother, who is also the defendant’s life partner. The defense offered that as part of the CINC case the child already has been removed from the home, and asked for the order to be lifted.  Judge Braun terminated the no-contact order citing lack of jurisdiction as the criminal case has been resolved.