Leavenworth man sentenced for aggravated battery

The Leavenworth County Justice Center at 601 S. Third St., Leavenworth Enlarge photo

December 18, 2019

Robert Green, 23, Leavenworth was sentenced recently to 86 months with the Department of Corrections for two separate counts of aggravated battery.

Green had pleaded as charged to two separate counts of aggravated battery on Oct. 25, 2019. The charges were based on injuries sustained by his 3-month-old, who had been left in his care while the child’s mother was working.

When the mother returned from work, she noticed a soft spot on her child’s head and took him to the emergency room. The head injury was determined to be a skull fracture, which resulted in hemorrhage underneath the skull fracture. In additional to the skull fracture, medical professionals from Children’s Mercy hospital noted several bruises. Additional x-rays revealed a total of 24 definite fractures, with an additional 7 that were likely fractures. A doctor from Children’s Mercy Hospital testified that some of the fractures were in the healing stage, while others were new.

Two charges were able to be filed because doctors could determine some of the injuries happened in the past, and that the others happened recently. The Court followed the sentencing guidelines and sentenced Green to 86 months, or just more than seven years, the maximum amount of time that could be ordered in the case. The case was handled by Joan Lowdon. Green was represented by Joel Rook.

Last legislative session, Leavenworth County Attorney Todd Thompson asked for legislation that would make the penalty for crimes like this harsher. That bill was House Bill 2394. The legislature did not pass this bill, but Thompson is hoping to have it passed this year.

“We will continue to fight for legislation that better protects our children and punishes those that hurt these helpless children.” Thompson said. “This is just one example of a case that a tougher penalty is needed for those that abuse children.”

Thompson said they filed aggravated battery and not child abuse because the aggravated battery had a higher penalty.

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