MINOT, N.D. (AP) — A Minot man accused of injuring a baby has pleaded guilty to a reduced charge of child neglect and has been sentenced to time already served in jail.
Phillip Boswell, 40, was initially accused of breaking the baby's arm and causing a permanent disability. But after prosecutors admitted in court Wednesday that they can't prove Boswell was the one who actually hurt her, his felony child abuse charge was amended to child neglect.
There were five adults living in a trailer with the baby at the time, including the baby’s mother. Boswell is not the baby’s father, the Minot Daily News reported.
Boswell acknowledged he failed to take the baby to the hospital for treatment for up to nine days after the child was injured.
Judge Gary Lee sentenced Boswell to 360 days in jail and suspended all but the 56 days he already spent in the Ward County Jail. He was also ordered to serve 18 months of supervised probation. The charge will be reduced to a Class A misdemeanor if Boswell successfully completes probation.
Boswell and his co-defendant, Donna Jean Kajune, 25, brought the baby to the hospital emergency room with a broken arm on March 29.
Kajune is scheduled to go to trial on Nov. 16 on a felony child abuse charge.