Creative sentence requires follow-up
The knee-jerk reaction to the probation sentence given Daniel Mitchell is some terrible miscarriage of justice has occurred.
After all, how a man who hurts his own infant son so severely the child is left developmentally disabled, and yet still avoids a very long prison sentence is a bit mind-boggling.
In making his ruling last week in Lake County circuit court, Judge John T. Phillips opted to allow Mitchell to stay out of prison so he could work and support his estranged wife, Mandy, and injured son, Lex, and provide the health insurance coverage the boy so desperately needs.
We applaud Phillips' desire to spare the victims a greater human toll, but the creative sentence leaves us with no small measure of worry.
Phillips is fully aware of the stakes. He made it clear in court, saying Mitchell's crime was "absolutely reprehensible."
Mitchell pleaded guilty in May to aggravated domestic battery in the October 2007 attack on his then 3-month-old son. He slammed the baby into a changing table, authorities said, fracturing his skull and injuring his brain.
Initially, Mitchell was charged with aggravated battery to a child, a crime carrying a maximum 30-year prison sentence.
Now 2, Lex weighs only 20 pounds. He has the skills of an 8-month-old. He cannot stand on his own or walk. He is on daily anti-seizure medication.
Sending the 43-year-old Mundelein man to prison, Phillips reasoned, would end Mitchell's job in computers and aggravate the suffering already caused to Mandy and Lex.
"Incarcerating you is going to have a significant effect" on your family, Phillips said in court. "She can survive without you. But it sure would be tough on her and it sure would be tough on the child."
Phillips sentenced Mitchell to four years intensive probation and one year in a work release jail program. He must complete 300 hours of community service, donate $500 to a child service agency and write a letter of apology that one day can be read to his son.
Mitchell can have only supervised contact with his son, and only with the mother's consent. His probation carries strict terms for alcohol use and curfew, and violations result in prison time.
It's no surprise Phillips has taken some heat from online commenters on dailyherald.com, who thought Mitchell got off easy. Comments called the sentence "ridiculous" and criticized the judge for missing an opportunity to put Mitchell away for a long time.
Mitchell deserved a harsh penalty; Phillips chose a sentence reflecting victim compassion.
We urge the court, law enforcement and everyone involved in this case to keep a wary eye on Mitchell to ensure he meets all obligations and probationary terms.
Most important, he can't be allowed to harm anyone else.