Babysitter charged in case of beaten Oregon toddler
SHERWOOD, Ore. — A babysitter has been arrested in the assault of a 1-year-old Oregon boy after the child's parents shared photos of his injuries on social media.
In an extensive Facebook post last month, Joshua Marbury shared pictures of his son, Jacob, that showed bruises on the child's face. Marbury said the incident occurred in March when they were out on a date.
The Marburys were outraged that an Oregon court ruling was blocking the alleged abuser from facing criminal charges.
Markell Deon Hilaire, 27, of Tacoma, Wash., was arrested Friday in connection with the abuse, according to the Washington County District Attorney's Office.
Hilaire faces three felony charges, criminal mistreatment in the first degree, assault in the third degree and assault in the fourth degree. Each charges carries the maximum penalty of five years in prison.
The babysitter was Marbury's best friend of 10 years. Alicia Quinney, Jacob's mother, said Hilaire admitted to police he hit Jacob.
In court Monday, Hilaire faced a judge accused of beating the 1-year-old while he babysat him.
According to court language, in order to prove felony abuse of a child, prosecutors must show that the child had "substantial pain" and incurred a "physical injury." An obstacle can arise for children who are too young to explain their injuries or even describe what happened, as would be the case with a 1-year-old.
Last month, in a statement calling for changes in Oregon law to protect vulnerable children, the Washington County District Attorney's Office said: "Furthermore, Oregon courts have interpreted the definition of physical injury to severely limit its meaning, especially for non-verbal victims. These court rulings hold that evidence of traumatic bruising alone on a child is generally not sufficient to constitute a physical injury."
In this case, because the child had bruises and not something as apparent as an open gash, it would make a felony abuse charge harder to prove, legal experts said at the time.
On Monday, the district attorney's office declined to provide further details on the arrest but said Oregon law needs to be fixed to protect vulnerable victims.
"Under current Oregon law, animals are more protected from physical injury than children," the statement reads.
Jacob's father and his mother, Alicia Quinney, have been lobbying to get the law changed to provide additional protection to young victims.
A Change.org petition seeking "justice for child abuse victims" has collected more than 55,000 signatures. It is seeking 75,000 signatures. The petition is directed at Oregon's Supreme Court justices.
The charges against Hilaire are class C felonies, which is a lesser category than some. If convicted, Hilaire could just face probation and serve no time in prison.
Hilaire is being held on $10,000 bail. His next court date is June 27.
Contributing: Nina Mehlhaf, KGW-TV, Portland, Ore. Follow KGW on Twitter: @KGWNews