Dylan James McMillan

ESCANABA — A 20-year-old Escanaba man was sentenced to prison Monday after he admitted he intentionally injured his two-month-old baby by shaking the infant to make him stop crying.

Delta County Circuit Court Judge John Economopoulos ordered Dylan James McMillan to spend a minimum of six years and eight months to up to 10 years in prison on one count of second-degree child abuse, a 10-year felony.

McMillan was arrested on Aug. 25 following investigation into an Aug. 6 incident in Escanaba when his infant son sustained serious head trauma requiring medical treatment, according to Escanaba Public Safety. The child was initially treated at OSF HealthCare St. Francis Hospital in Escanaba then airlifted to the Children’s Hospital of Wisconsin in Milwaukee for further medical care.

“This is life and death we are dealing with regarding the injuries,” commented Judge Economopoulos Monday when considering a request from McMillan’s attorney to lower a pre-sentence investigation score that placed the defendant at the highest level for excessive brutality by making the victim feel heightened fear and anxiety.

“The court can concur the defendant attempted to stop the child from crying… in an abrupt and brutal manner… and caused life-threatening injuries on this child,” added Economopoulos who said he believes an 8-week-old infant can experience fear and anxiety. The judge declined to lower the score used in determining a defendant’s sentencing range.

Economopoulos cited the child’s medical report, which stated the baby suffered life-threatening injuries including bruising and bleeding on the brain, a coma, seizures for 10 minutes, and crossed eyes.

The judge told McMillan his poor decision-making and impulse actions resulted in tragic consequences for his son that can’t be taken back, adding it is unknown if the child’s health will be restored.

Prior to sentencing, McMillan’s attorney James Viau said the case was a very difficult one, adding, “I believe Mr. McMillan is remorseful.”

Delta County Prosecutor Philip Strom stated prior to sentencing, “This is the type of case that never reflects true justice.”

Because of the injuries the infant suffered, the child will feel the defendant’s actions for the rest of his life, added Strom, noting the child is making slow progress and will likely suffer life-long injuries.

The prosecutor recommended McMillan be sentenced to time behind bars for as long as possible.

When McMillan was sentenced to prison, he put his head in his cuffed hands and cried silently. He was given credit for serving 108 days in the county jail and was fined $198.

McMillan, an habitual offender, was initially charged with first-degree child abuse which carries a maximum sentencing of life in prison.

During his plea hearing in October, McMillan told the judge he was tired and stressed when the crying baby awoke him in the middle of the night. He admitted to intentionally shaking his son who was diagnosed with shaken baby syndrome.

In exchange for McMIllan pleading guilty to second-degree child abuse and also agreeing to terminate his parental rights to his son, Strom agreed to dismiss the first-degree child abuse charge as well as the habitual offense notice attached to the life felony.

— — —

Jenny Lancour, (906) 786-2021, ext. 143, jlancour@dailypress.net