Malachi Johnson pleaded guilty in March to one count of 1st degree endangering the welfare of a child, a class-c felony. The incident happened in August, 2015, a warrant was issued in March of 2016.
A probable cause affidavit cited hospital records that showed extensive injuries “…consisting of swelling to the brain, bleeding to the back of eyes, and brusing to the chest and back caused by violent trauma to the head and body.” The child survived. In his guilty plea, Johnson said he failed to supervise his minor daughter, who was taking care of the infant victim, and failed to make himself aware of the condition of the victim.
During a sentencing hearing last week, Circuit Judge Patrick Robb ordered a suspended sentence, and placed Johnson on probation for four years, to be supervised by the Board of Probation and Parole. He also ordered 30 days shock time in the Buchanan County Jail. If directed by the board, Johnson must attend a treatment program. He must not consume, possess or purchase alcoholic beverages and is ordered not to enter any establishment whose primary source of income is from the sale of alcoholic beverages. He must also submit to random drug and alcohol testing.
Judge Robb delayed execution of the shock sentence until Tuesday. Johnson is now serving that part of the sentence.