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Mom decries sentence to ex who burned, abused her baby



Published: Fri, February 18, 2011 @ 6:45 p.m.

Youngstown

An Austintown man accused of abusing his ex-girlfriend’s baby stood in silence as he was sentenced to four years in prison on a second-degree felony child endangering conviction.

Timothy White, 30, was sentenced Friday by Judge Lou A D’Apolito of Mahoning County Common Pleas Court. The charge stemmed from injuries to the now 3-year-old girl sustained in November 2009 while in White’s care.

The child, whose name was never made public by police, suffered brain damage, a broken rib, stomach bleeds, damage to her liver and adrenal glands, second-degree burns on her genitals, foot and finger — and hemorrhaging in one eye that an Austintown detective previously said is a potential sign of shaken baby syndrome.

Before White was sentenced, the girl’s mother Jacqueline Bagshaw told the court White’s sentence “doesn’t touch the punishment this monster deserves ... No time is enough for what he has done.”

She and her daughter have spent months trying to work through the “pain this so-called human being put us through.”

Her daughter requires special care as a result of her injuries,and is a different child, Bagshaw said.

She “will never be the little girl she was born to be,” she said. “She is changed, and I notice it every day.”

For the full story, read Saturday's Vindicator or Vindy.com.


Comments

1paulydel(1332 comments)posted 3 years, 10 months ago

I agree with the little girls mother. This guy hurt an innocent little girl that may never have a normal life again. It should be at least ten times that amount.

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2Lifes2Short(3878 comments)posted 3 years, 10 months ago

“doesn’t touch the punishment this monster deserves ... No time is enough for what he has done......."

“pain this so-called human being put us through.”

And shes right, nothing but a animal that needs to be caged up and just rot. Useless waste of flesh.

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3BusDriver(46 comments)posted 3 years, 10 months ago

What an animal and how could you do this to a child!! She's right no sentence is enough for what he did..

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4theMOTHER(2 comments)posted 3 years, 10 months ago

This is Jacqueline the mother of the baby girl who TIM WHITE almost killed in 2009. I thank everyone who understands how disgusting and what a sick animal he is. Even though all the reports say he got 4 years, please know that this animal will most likely be out in November. I was told that yesterday at the court house. I didnt know that you can get away with almost killing a baby girl? So now, come november he will be back out in the community thanks to good old Judge D'Apolito who let him get away with the beyond horrible things he did to my daughter. I have never been so broken so hurt and so disgusted in my entire life. TIM WHITE IS A SOCIOPATHIC ANIMAL. My daughter is beautiful and she is my entire world I just cannot accept that he has gotten away with what he has done. My baby will never be the same again. I dont even know what else to say..Please just dont vote for Judge D'Apolito come election time so he cannot do this to other families. I wish TIM WHITE the worst of everything for the rest of his entire life, I wish him sleepless nights, I wish him heartache, I WISH HIM MISERY UNTIL THE DAY HE LEAVES THIS EARTH. Then God will handle the rest. I hope that his sons find out what he has done one day. Thank God for my daughter and my family.

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5Olivia09xo(3 comments)posted 3 years, 10 months ago

The strengths and weaknesses of a case often depend on the parents conduct leading up to the incident.
Judge D’Apolito has the duty to serve as Judge over the trial of the case. When the Prosecutor, representing the victim and the defense agree on a result, as in this case, the Judge proceeds with the agreement unless either party refuses and then there is a trial. When a victim, who is represented by the Prosecutor, disagrees with the plea bargain and tells the Prosecutor then the case goes to trial and the Judge will decide the sentence if the defendant is found guilty.
If someone disagrees with the result, like this after it is over, their problem is with the Prosecutor, not the Judge.
A review of Judge D’Apolito sentencing on serious cases where there is no agreement between the parties would show that his sentences are far from lenient.

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6theMOTHER(2 comments)posted 3 years, 10 months ago

okay Olivia. I dont really care who you are, however EVERY SINGLE PERSON in that courthouse told me that it would SOLEY be up to Judge Lou D'Apolito. I have an opinion about him, I am allowed. He basically let someone who almost killed a baby walk. And actually the piece that you said on his sentences being far from lenient..numerous people also in the courthouse told me he was VERY DEFENSE ORIENTATED which obviously proves to be true.

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7rsandora(1 comment)posted 3 years, 10 months ago

For over a year I have publicly been silent about what happened to my granddaughter. I have been quiet as I watched her lying motionless in the hospital day after day. As she tried to sit on her bottom but it was too painful because of her burns, and as she tried to say "mommy" but it just didn't come out quite right.
At the same time I was trying to be strong for my daughter. Telling her that the court system will do their job and give this monster what he deserves. We waited and waited-- patiently and not so patiently until the day came. The day that I thought my granddaughter's precious little voice would be heard. But that didn't happen. Her voice was not heard by the one person that could show us that this day was worth all of the pain of the last year. This 4 year sentence imposed by Judge Lou D'Apolito is unbelievable to me.
I regret today that I put so much faith in the past 15 months that justice would be served.

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8Morrigan(83 comments)posted 3 years, 10 months ago

http://courts.mahoningcountyoh.gov/pa...

It seems Timmy has quite a record.
My sincere sympathies for the child who was harmed so horribly.

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9Olivia09xo(3 comments)posted 3 years, 10 months ago

If the victim does not agree with the Prosecutor's plea agreement, the case goes to trial. Period. That didn't happen here. So, to give the Prosecutor the go ahead then go online and blame the Judge, who was only doing his job entering the plea agreement, isn't fair. (since the case didn't go to trial, the Judge doesn't choose a sentence, since the parties entered in an agreement) So, blame either yourself for agreeing to the plea bargain or the Prosecutor for whatever problem you may have with the sentence.. I just don't understand why you blame the Judge.

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10shadowman(67 comments)posted 3 years, 10 months ago

Sorry to dispute you Olivia, but the judge does and did choose the sentence.
From WFMJ website: "Judge Lou D'Apolito sentenced White to four years despite the recommendation of the prosecutor's office that he should serve at least five years after pleading guilty to the crime." Not always is the sentence agreed to in the plea bargain. Each side has a recommendation that they give to the judge before sentencing, and the judge does have the authority to impose whichever he chooses. The difference between 4 and 5 years is that if the defendant is given 5 years, he must serve the full 5 years before he can be eligible for parole. At 4 years, he can get out with good behavior at anytime before serving the full 4 years. This could be why the mother is upset with the judge. But, I would assume that no sentence is long enough in her mind as you might expect.

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11judged321(2 comments)posted 3 years, 10 months ago

The Mother really should take a look at herself instead always pointing the finger at someone else. Why doesn't someone look in her past and judge her. The reason why that MAN didnt get the jail time that she wanted was because there IS NO evidence because those things NEVER happened!!! You will have to live with the lies you told for the rest of your life!

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12shadowman(67 comments)posted 3 years, 10 months ago

Timothy White had the opportunity to clear himself by requesting a trial and telling his story in an attempt to prove his innocence. He did not. He plead guilty. One can only assume that if someone pleads guilty, and especially to a heinous act such as this, then he must be guilty. He plead guilty and plea bargained only to get a lesser sentence.

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13jean169(1 comment)posted 3 years, 10 months ago

Ask this mother how many times her daughter was hurt in HER care. More times than two hands can count for sure. She Was there everyday! If all this happened, it didn't happen in one day????

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14Olivia09xo(3 comments)posted 3 years, 10 months ago

Thank you, jean169. Good point. Maybe that is why it did not go to trial.. They would have to look at everything that happened in the weeks leading up to the incident and expose any previous or partially healed injuries and ask how NO ONE noticed or did anything. It leaves reasonable doubt, as to who is at fault and should be held responsible. If someone 'lets things go on' or 'turns the other way' to the warning signs', for a period of time, should they be held accountable when things escalate into a tragedy? Could anyone, even someone privy to the abuse, have predicted this? Who should've prevented it, by seeing the signs and removing the child from the situation? There are surely other adults in the poor girl's life, where were they? Out of all the adults in the situation, from the day this happened on, I don't think the Judge is the one to blame. One person could've stepped in and saved this child from the pain and suffering this monster has inflicted on her. The fact is, no one did and this little girl has to pay for it forever. That is a true tragedy.

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