Sitter faces prison for endangering tot

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December 30, 2008

Child's relatives question charge, length of sentence

By SANDRA K. REABUCK The Tribune-Democrat Tue Dec 30, 2008, 11:10 PM EST

EBENSBURG — A former Johnstown man was sentenced Tuesday to seven months to two years in the county jail for child endangerment.

In his guilty plea, Alexander Robert Zack, 20, of Greensburg, had admitted to being high on drugs when a baby he was to be watching was critically injured by falling down stairs.

Zack told Judge Gerard Long, “I’m deeply sorry I was taking drugs watching (the baby girl) and wasn’t able to give her the care she needed. I feel so bad about it.”

Long ordered Zack to pay $3,000 in fines and court fees on his guilty plea to child endangerment.

Zack was left in charge of the then 15-month-old girl when her mother, Heather Lynn Kohler of Johnstown, left their Brownstown house to buy crack cocaine. Zack told police he had fallen asleep but awakened to a loud bang and found the girl unresponsive at the bottom of the stairs.

It was an emotionally charged sentencing, with three relatives of the now 2 1/2-year-old girl challenging Zack’s version that the girl had fallen down stairs.

The child initially was treated at Memorial Medical Center, then transported by helicopter to Children’s Hospital in Pittsburgh.

“This was a shaken baby (incident). There were bite wounds and burn wounds on her,” said Deb Sisk, the child’s guardian. “It’s an insult to say this baby fell down the steps.”

Saying that the girl has a brain injury, Sisk said, “We don’t know her future.”

Mary Beth Kohler, the baby’s grandmother, questioned why Zack did not face more serious charges. She told the judge he should look at the pictures of the “bloody and beaten baby” taken after the incident.

She said: “I hope this monster isn’t getting off” with a light sentence.

Kohler admitted later that the seven-month minimum was better than she had hoped, but still believed there should be a stiffer sentence.

Before sentencing Zack, Long conferred with District Attorney Patrick Kiniry, who was in another courtroom.

When court reconvened, Kiniry said, “This (endangerment charge) was the highest crime that we could prove.”

Police and prosecutors did not have evidence to prove beyond a reasonable doubt that Zack had inflicted the injuries. Some of the bruises appeared to pre-date the incident, Kiniry said.

The child’s mother didn’t cooperate in the investigation, he said.

“If I could have filed (more serious charges), I would have,” Kiniry said. “I have two grandchildren of my own about that age. ... it’s my duty to look at the evidence and file what I can prove beyond a reasonable doubt.”

Defense attorney Robert Davis Gleason said Zack is trying to turn his life around, is now employed as a pipefitter and is drug free.

Zack has until noon Jan. 17 to begin serving his sentence. In the meantime, he will be tested once a week for drugs, and if the test is positive, he will go straight to jail, Long said.

The baby’s mother previously was placed on probation for two years on a guilty plea to reckless endangerment for leaving her child in Zack’s care when she knew he was using drugs.

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