Darrell Dennison, 39, pleaded no contest to two counts of second-degree attempt to abuse a child, and could face up to 18 years in prison.
Dennison initially had been charged with first-degree child abuse, which carries a mandatory sentence of 18 years in prison if convicted, so prosecutors offered the plea bargain to give the man the chance of having the sentence reduced by the judge.
"The question is whether we can prove great bodily harm, which gets us to the first-degree (charge)," Chief Deputy District Attorney Dustin O'Brien said. "If you don't have great bodily harm you go straight to a third-degree. It's kind of a compromise."
Prior to the plea, the case was set to be decided by a jury Thursday.
"With the plea he's still at 18 years, but none of it's mandatory," said attorney Terry Walker, representing Dennison. "That from a legal standpoint is clearly in his best interest — that allows us the chance to present what I believe are mitigating circumstances to get him less than the 18 years."
Walker declined to comment on what those mitigating circumstances are.
Following the "spanking" incident Dennison, who is a single parent, was arrested in August 2007, after police found his teenaged son had welts and bruises all over his back and face.
After talking to the teen, police learned the man had his son pull down his pants during the beatings so he could also whip his bare body.
"(The victim) said he tried everything to make his father happy, but his father was still angry," arrest documents state.
When questioned on the beatings by police, the man admitted to hitting his son, according to police reports that quote him saying, "I went too far and took my frustrations out on him ... I deserve what I deserve."
"As we understand the facts of the case, we're talking about a single parent, raising a mentally disabled child, who was having parental difficulties more difficult than what a normal parent might encounter — however, that does not excuse his behavior," Prosecutor Eric Morrow said.
A sentencing hearing is set for March 3.
"There are some very specific things going on with his son," Walker said. "It was because of the sum total of the circumstances that had been going on for many, many, many years. I do not believe that he is a predator in the way we usually think of a predator."
Source: The Daily Times Farmington, New Mwxico
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