YOUNGSTOWN Penalty in death of baby awaited



Irrin Donley faces three to 10 years in prison.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A 23-year-old Magnolia Avenue man is awaiting sentencing for his role in the death of a 9-month-old baby more than two years ago.
Irrin R. Donley pleaded guilty this week in Mahoning County Common Pleas Court to involuntary manslaughter, reduced from the original charge of murder in a plea agreement with the prosecutor's office.
Judge Robert G. Lisotto ordered a background check before he sentences Donley, who will get credit for the 21/2 years he's been held in the county jail awaiting trial.
The penalty for involuntary manslaughter is three to 10 years in prison. Robert Andrews, assistant prosecutor, said he will ask that the maximum penalty be imposed.
A murder conviction carries a penalty of 15 years to life in prison.
Authorities said Donley killed 9-month-old VonTay Welch of Auburndale Avenue, who was his girlfriend's son. The baby was on life support for four days before he died Oct. 19, 1998, at Forum Health Tod Children's Hospital.
Donley's attorney, Dennis DiMartino, said Donley denies hitting the child, but his client failed a polygraph test during which police asked him about striking the baby. That's why Donley accepted the plea instead of going to trial.
Police said Donley had been caring for the boy while the mother, Tisha Dozier, was at Woodrow Wilson High School, where she was a 19-year-old senior at the time. The baby stopped breathing that day.
According to Vindicator files, Donley told 911 dispatchers that the baby had been drinking milk and then stopped breathing.
Baby's injuries: While treating the child, doctors found old and new bruises, including a broken collarbone that had partially healed. An autopsy revealed skull fractures on the left side and front of his head.
The fractures caused blunt cerebral trauma and the injuries happened at the same time the boy stopped breathing, says a ruling from the Trumbull County coroner's office, which ruled the death a homicide.
"It's a horrible, unfortunate, tragic incident," DiMartino said. "I'm glad we were able to resolve it without my client having to serve another 20 years in prison."
Donley also faces a charge of child endangering in Dayton. Details of that case were not available.