Pair sentenced in child abuse case
By Kat Russell, Reporter
The Paducah Sun
September 10, 2016
http://www.paducahsun.com/news/local/pair-sentenced-in-child-abuse-case/article_dd1251c8-5b11-11e7-8de6-10604b9f0f42.html
A West Paducah man, who pleaded guilty to criminal abuse of a child earlier this year, threw the court a bit of a curveball Friday morning when he asked to withdraw his guilty plea.
Jarell Hardin, 25, was arrested with girlfriend Taylor Sloan, 21, following a month-long investigation that began in May 2015 after the McCracken sheriff's department received a report of possible child abuse from Kentucky Health and Family Services.
The sheriff's department said the child, Sloan's 2-year-old son, had been taken to a local hospital with significant injuries that included skull fractures and brain bleeds, fractures to both arms, broken ribs, and a broken femur.
In July Hardin pleaded guilty to amended charges of second-degree assault, second-degree criminal abuse, second-degree wanton endangerment, possession of marijuana and possession of drug paraphernalia.
In court Friday, his attorney Doug Moore presented a motion asking to withdraw Hardin's guilty plea, claiming he was pressured to take a deal offered by the commonwealth.
"Hardin alleges that the emotional and mental pressures exerted on him by friends and family members in the days leading up to his guilty plea, overcame his resolve to assert his innocence, and resulted in his guilty plea," the motion read.
As a result, Moore argued his client's guilty plea was involuntary and should be allowed to be withdrawn.
Commonwealth Attorney Zac Greenwell, who was assigned to the case as a special prosecutor, disagreed, arguing when he entered his plea, Hardin stated under oath that he was doing so willingly.
Judge Tim Kaltenbach agreed with the commonwealth, denying the motion.
Hardin was sentenced to 10 years on the second-degree assault charge and two years on the second-degree criminal abuse offense, the terms to run consecutively for a total of 12 years.
Additionally he was given 45 days for the possession of marijuana charge, one year for the second-degree wanton endangerment charge and one year for the possession of drug paraphernalia offense, those terms to run concurrently to the 12 years.
Sloan pleaded guilty to second-degree criminal abuse, second-degree wanton endangerment, possession of marijuana and drug paraphernalia in June, admitting she failed to intervene or protect her son from the abuse.
She was sentenced to five years in prison on the abuse charge, 45 days for the marijuana charge, and one year each for the drug paraphernalia and wanton endangerment offenses, all to run concurrently.
Both Hardin's attorney and Sloan's attorney, Jeremy Ian Smith, asked the judge to consider probating their clients' sentences, but Kaltenbach denied their requests stating probation would diminish the seriousness of their offenses.
"This is a 2 1/2-year-old child that was beaten severely — skull fractures and other injuries. The child was unable to protect himself, and to probate (these sentences) ... would unduly depreciate the seriousness of this situation," he said.
Kaltenbach added he would be willing to consider shock probation or conditional discharge in the future, but not until the couple had served some time on their sentences.
Jarell Hardin, 25, was arrested with girlfriend Taylor Sloan, 21, following a month-long investigation that began in May 2015 after the McCracken sheriff's department received a report of possible child abuse from Kentucky Health and Family Services.
The sheriff's department said the child, Sloan's 2-year-old son, had been taken to a local hospital with significant injuries that included skull fractures and brain bleeds, fractures to both arms, broken ribs, and a broken femur.
In July Hardin pleaded guilty to amended charges of second-degree assault, second-degree criminal abuse, second-degree wanton endangerment, possession of marijuana and possession of drug paraphernalia.
In court Friday, his attorney Doug Moore presented a motion asking to withdraw Hardin's guilty plea, claiming he was pressured to take a deal offered by the commonwealth.
"Hardin alleges that the emotional and mental pressures exerted on him by friends and family members in the days leading up to his guilty plea, overcame his resolve to assert his innocence, and resulted in his guilty plea," the motion read.
As a result, Moore argued his client's guilty plea was involuntary and should be allowed to be withdrawn.
Commonwealth Attorney Zac Greenwell, who was assigned to the case as a special prosecutor, disagreed, arguing when he entered his plea, Hardin stated under oath that he was doing so willingly.
Judge Tim Kaltenbach agreed with the commonwealth, denying the motion.
Hardin was sentenced to 10 years on the second-degree assault charge and two years on the second-degree criminal abuse offense, the terms to run consecutively for a total of 12 years.
Additionally he was given 45 days for the possession of marijuana charge, one year for the second-degree wanton endangerment charge and one year for the possession of drug paraphernalia offense, those terms to run concurrently to the 12 years.
Sloan pleaded guilty to second-degree criminal abuse, second-degree wanton endangerment, possession of marijuana and drug paraphernalia in June, admitting she failed to intervene or protect her son from the abuse.
She was sentenced to five years in prison on the abuse charge, 45 days for the marijuana charge, and one year each for the drug paraphernalia and wanton endangerment offenses, all to run concurrently.
Both Hardin's attorney and Sloan's attorney, Jeremy Ian Smith, asked the judge to consider probating their clients' sentences, but Kaltenbach denied their requests stating probation would diminish the seriousness of their offenses.
"This is a 2 1/2-year-old child that was beaten severely — skull fractures and other injuries. The child was unable to protect himself, and to probate (these sentences) ... would unduly depreciate the seriousness of this situation," he said.
Kaltenbach added he would be willing to consider shock probation or conditional discharge in the future, but not until the couple had served some time on their sentences.