Man gets max in shaken baby case
By Joe Gorman
YOUNGSTOWN
Devin Telego testified in front of a jury this week to defend himself in Mahoning County Common Pleas Court on charges he caused brain injuries to his 3-month-old son.
But he refused to speak at his sentencing hearing Wednesday after a jury convicted him Tuesday of a single third-degree felony count of child endangering.
Judge R. Scott Krichbaum sentenced Telego to three years in prison, the maximum sentence allowed for a third-degree felony conviction.
Telego was taken into custody in May after he was indicted by a grand jury on a third-degree felony count of child endangering and two second-degree felony counts of the same charge. Jurors deadlocked 11-1 on the two second-degree felonies.
Telego is accused of causing the injuries Jan. 10 in Austintown.
Assistant Prosecutor Steve Maszczak said Telego was the only person present just before the baby went to the hospital, and medical evidence showed that the injury could be caused only by a hard blow to the head or a fall from two stories up.
Defense attorney Mark Lavelle said that it is hard to know how the baby was injured.
“We don’t really know what happened with this little boy,” Lavelle said.
Lavelle asked for probation or a sentence shorter than the maximum, saying his client has served five months in jail, has family support, is a worker and has never been in trouble with the law before.
Lavelle also disputed a claim that Telego showed no remorse, saying that his client wept during some of the testimony that described his son’s injuries.
Judge Krichbaum said testimony showed that the only way the child could have been injured is when he was left alone with Telego.
“How anyone can conclude anything different, or not see that, to me, is unimaginable,” Judge Krichbaum said. “There is no evidence anywhere that anyone, other than the defendant, could have inflicted these injuries on this child.”
Maszczak said the baby was hospitalized for a month with his injuries and because of his young age, doctors are not sure how he is progressing in his recovery.
Telego was given credit for 136 days he has served in the county jail while awaiting his trial.