Norwalk man sentenced to four years in dead baby case

FULL STORY Despite his pleas for probation, a Norwalk man was sentenced Monday to four years in prison for the 2007 death of a 10-month-old boy.
Heather Chapin-Fowler
Oct 18, 2010

FULL STORY  Despite his pleas for probation, a Norwalk man was sentenced Monday to four years in prison for the 2007 death of a 10-month-old boy.  

Jeffrey Resor, 29, will serve just 954 days in jail — about two-and-a-half years — because he gets credit for 504 days he spent in jail when he was first charged in the death of Donavan Lykins.

An autopsy revealed that Donavan died Feb. 24, 2007, after being violently shaken.   

In August 2008, a Huron County jury acquitted Resor of murder and child endangering, while jurors were also deadlocked on a charge of involuntary manslaughter.

Resor was released that year after serving 504 days in jail.

Huron County prosecutor Russ Leffler appealed the case to the Sixth District Court of Appeals, which sent the case back to Huron County Common Pleas Court with the understanding Resor could again be tried for involuntary manslaughter because the jury was deadlocked on that charge.

Double jeopardy laws would have prohibited the county from charging Resor with a crime for which a jury had previously acquitted him, but the jury’s deadlock was not tantamount to an acquittal, the appeals court said.

Additionally, Resor’s initial child endangering charges applied to instances where he’d allegedly abused the boy but the abuse didn’t result in death.

The child endangering charges leveled this second time around applied directly to the incident that resulted in Donavan’s death, Leffler said.

In September, rather than head to trial a second time, Resor accepted a plea agreement.
He pleaded no contest to felony child endangering and, in exchange, Leffler dismissed the involuntary manslaughter charge.

“We didn’t get the murder conviction, and the child is dead,” Leffler said. “But I hope it’s some kind of justice here.”  

There were no seats available in the packed courtroom on Monday. On one side was Donavan’s family, on the other side was Resor’s.

Absent at Monday’s sentencing was the fierce drama from the August 2008 trial.

Mitch Case — a member of Donavan’s family — threatened to kill Resor that year, and even tried to assault him in court after the jury acquitted him.

On Monday, as deputies slapped handcuffs on Resor, Case jumped up and clapped loudly.

“I told you I’d get justice,” Case shouted at him.

Several sheriff’s deputies stood guard on both sides of the courtroom as other deputies ushered Resor away.

K. Ron Bailey, Resor’s attorney, assured the court that Resor has changed his life since Donavan’s death.

Resor had past convictions for domestic violence, assault, criminal trespassing and disorderly conduct, but he “has made tremendous strides in making changes in his life,” Bailey said.

Bailey asked the judge to give Resor probation, but Leffler said a three-year prison sentence was more appropriate.

“It’s a sad, sad case,” Leffler said. “It shows what a moment of rage can do. This is the kind of case where a prison sentence is simply required.”

Resor, who had been watching Donavan in a Norwalk apartment he shared with the child’s mother, Gwen Herber, expressed remorse for the boy’s death.

“I am deeply sorry for what happened, I really am,” Resor said Monday. “I tried my hardest that night to keep him breathing. I don’t know what happened.”

As a youth Resor had been diagnosed with attention and hyper-activity disorders, and he also struggled through the years to manage his temper, Leffler and Bailey said.

Resor broke down several times on Monday when Donavan’s family spoke.

“You took something from us that we’ll never get back,” said Joy Clime, Donavan’s step-grandmother. “We loved that little boy.”

Comments

asdferdf

kill a baby = 4 years in prison

kill an adult = possibly life

somethings wrong here.

here in ohio

 my7cents= YOU GOT THAT RIGHT !!!!!!!!!!

Cowboy

Are you serious????     4 years???      Only 4 years for killing another person??????  Whoever gave this sentence needs to go to prison for contempt of proper court procedures!!!  What an injustice!!!   For years for killing a baby who had a whole life ahead.  How sad!!

outsider

 Hey, if you have an abortion and take a life you get 0 years. Something wrong here?

oldskool

This is an outrage! What a shame! One can only hope that "Karma" becomes a "B" and takes care of the rest! Remember the judges name when it is election time and get him out of there! It's judges like these that are ruining our judicial system!

justfortoday

So if you want a 4 year vacay away from society all you have to do is shake a baby to death?! (sarcasm)...last I checked murder is murder.  This guy even implies that he killed the baby because of his past anger issues. If you have anger issues you have no business being around children. You wouldn't want a sexual preditor around your baby would you? I think not. Its a lesson learned to single mothers out there. Be careful who you bring into your life because it also effects your children. Don't let your baby be the next for this to happen to.

SMH-FML

A small DEFENSELESS little baby.... that breaks my heart.   My7cents ... i couldn't agree with you more, something is terribly wrong. 

TonyTone

Please read carefully before you post, he was ACQUITTED of murder charges in 2008. I don't know why the case was plead out but I would think ( because of the 08' acquittal and deadlock), that the procecutor wanted to make sure there was a conviction in this case, which there was. Yes it is a shame that he is not in prison for the rest of his life but he is in prison and will have to adjust to life as a convicted chid abuser (murderer) both on the inside and out.  I am thankful for that.

cocoon4007

kill an officer, get death row. traffic drugs and get many, many years, if not life, in prison. commit fraud and spend many years in prison. molest children and get a few years, if any, and have to register as an offender, but still get to live near children. kill a child and 4 years? i think the justice system has their priorities all out of whack. who protects the children? if the mother took justice in her own hands against this man, she would go to prison longer than him. animals abusers get harsher sentences than this man. this is disgusting. we'll see how he does in prison being a baby killer. oh, that's right, he will probably be segregated for his own safety. let the man live in the population and have to defend himself, with his hands and feet tied.......still more of a chance to fight back than that baby had.

LovingMyLife

My7cents..agreed! 

Concerned For A...

This is the most disgusting thing I have ever seen! WTF is wrong with this picture? Justice? What justice? 4 YRS??? there is NO justice in that, wow! Lucky I wasnt the mother, I'd be the one going to prison, and probably for life, not 4 LOUSY years!!

jcbl78

Because when you go to prison for doing anything to a child, especially killing a baby, odds are you will not get out alive. So in essence it is the death penalty without all the red tape.