Inset: David Schmies (Kettle Moraine Correctional Institution). Background: The Portage County Courthouse in Stevens Point, Wis. (Google Maps).
A Wisconsin man who claimed his infant son fell off a bed after the baby was found with serious injuries has failed to convince a jury to believe his side of the story.
David Schmies, 27, was found guilty of physical abuse of a child on Oct. 14, nearly five years after his son, then 4 months old, was brought to the hospital with broken bones and a head injury. As Law&Crime previously reported, Schmies was getting out of the shower when a relative found the infant with a swollen head. Schmies told the relative, "Yeah, he'll be fine."
When pressed about what really happened to the baby, Schmies reportedly started crying.
According to the Portage County District Attorney, the infant was found on the night of Dec. 13, 2021, and admitted to the hospital, where he was diagnosed with "a complex skull fracture and a subdural hematoma." Further investigation determined that the little boy also suffered "16 rib fractures, and fractures in the radius, femur, and tibia."
Police said the baby had bruises all over his body that were most likely the result of repeated abuse. Medical staff told investigators at the time that they believed the rib injuries were caused by the baby being squeezed. The leg fractures, they said, were likely caused by the baby being yanked.
The fractures were all in various stages of healing, indicating abuse that had taken place over time.
The baby survived his injuries. Schmies was charged with abusing his son in February 2022. After several delays and a rejected plea deal, Schmies went to trial on Oct. 12. He was found guilty after the jury deliberated for about three and a half hours, according to the DA.
Schmies is scheduled to be sentenced on Dec. 8.
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