Elgin father acquitted of felony in belt beating

An Elgin man who "disciplined" his 4-year-old daughter by hitting her with a belt has been acquitted of aggravated battery with a deadly weapon.

Terry W. Barnhill, 35, was found not guilty of the Class 3 felony Thursday after a bench trial in front of Kane County Judge T. Jordan Gallagher, who convicted him of one count of misdemeanor domestic battery.

Barnhill's attorney, Vincent Cornelius, said Friday that prosecutors were unable to prove his client used the belt in a deadly manner.

"A belt is not inherently a deadly weapon," he said. "I argue that if you take a belt and make a noose of it, or wrap it around someone's neck, it's more likely to become a deadly weapon. Nothing like that happened here."

Earlier Thursday, Barnhill's daughter, now 5, testified that her father beat her relentlessly with a black belt and had her run up and down the stairs in their home repeatedly. If she couldn't make the trip in 10 seconds, witnesses said, Barnhill hit her with the belt some more.

The Oct. 5, 2008, incident happened after the girl "had an accident" in the bathroom, she testified.

But Cornelius said Barnhill used the belt to "discipline" his daughter as a form of corporal punishment allowed in Illinois law, although he was found guilty of doing it excessively.

Barnhill, who is free on bond but no longer lives with his children and wife, still could face up to a year in jail for the misdemeanor conviction at sentencing Jan. 5, 2010.