Man sentenced to 10 years for shaken baby

Justin Gibson received a sentence of 10 years on the first of four counts of child abuse and domestic violence on Tuesday for injuring his infant daughter in January, resulting in brain damage and hemorrhages.

The state’s attorney presented to Judge Jay Schmitz details on the exact harm of brain damage and what exactly happens when you shake a baby, urging him to give a 15-year sentence, just five short of the maximum 20-year sentence for the crime.

Defense for Gibson argued for a five-year sentence, and Gibson himself spoke, expressing remorse for his actions, which he said would never have happened had he not been under the influence of methamphetamine.

“I do feel deeply remorseful,” Gibson said. He said that he has become sober since being incarcerated and he has found and embraced faith and religion, attending church and reading the Bible and self-help books.

“I wish I could take it back,” he said.

Schmitz weighed both sentencing recommendations before passing his judgment, saying he believed Gibson was sincere in his remorse and expressing his hope that he might be rehabilitated -- but he was also clear that this sentence needs to be a deterrent to show the state takes child abuse of this nature seriously.

“There is no justification,” Schmitz said. “I’m not going to try to understand the mindset ... other people need to hear that it won’t be tolerated.”

Arguing that five years is simply not strong enough, and 15 years is too punitive, Schmitz sentenced Gibson to 10 years for the first count with credit for 290 days served, and two years supervised probation. For all other counts he sentenced Gibson to eight years in prison, to be served concurrently to his ten year sentence. Mandatory minimums include having to register as an offender in a violent crime against a child and mental health evaluations.