VIRGINIA BEACH
Maddisson Caress leaned into her father's arms, a string of pearls around her neck, a splint on one arm and braces on both feet.
With her second birthday just weeks away, the child can't walk by herself like her peers. The delay in her physical development is among the effects of a brain injury she suffered after a family friend, Jose Aispuro, shook her so severely almost a year ago that her brain stem was displaced.
"Her life will never be the same, and neither will theirs," Circuit Judge Patricia L. West said, nodding toward the girl's parents in the back of the courtroom.
West took a 25-minute recess Tuesday to consider testimony before sentencing Aispuro, a 22-year-old Navy enlisted man who pleaded guilty in July to felony child neglect. She gave him 10 years in prison and suspended all but three years, despite pleas from the child's parents to spare Aispuro from jail time.
The parents, Robert and Gabriela Caress, had testified they believed the injuries were accidental and that Aispuro had paid $300 for a pair of glasses for the girl not covered by health insurance.
Aispuro's wife had told the judge Aispuro was a good father and never violent, and a Navy chief petty officer had described him as a hard worker.
But medical evidence showed that Maddisson Caress nearly died of her injuries in the February incident. Surgeons had to remove part of her swollen brain during one procedure, then later drain blood from around her optical nerve. It is likely she will never be able to play sports or use her left arm much.
Prosecutor Candis Beasley described Aispuro's story - that the 280-pound sailor fell on the child, then shook her after she wouldn't respond - as ridiculous and said there was no medical evidence to support it.
Sentencing guidelines called for Aispuro to serve one day to six months in jail, but West decided it wasn't enough, because of the severity of the child's injuries.
Aispuro's wife wept after West handed down the sentence. Outside the courtroom, Gabriela Caress complained the judge "took it overboard" before leaving with her husband, still holding Maddisson.
Aispuro's attorney, Moody E. "Sonny" Stallings Jr., said he would consider an appeal.
Shawn Day, (757) 222-5131, shawn.day@pilotonline.com
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TOO MANY OPINIONS
1st off, Amm783something, whoever you are...2 words, proof-read! Another word, re-read. Your comments were so asinine I could barely understand your misguided point. On to the others who have posted comments on this subject.
Those who personally know this man, as I do, know that he is far too gentle to purposely hurt anyone. That is the reason that the parents were so strongly against jailtime. There's nothing "fishy" about this. This is a classic case of the VA's idiotic laws and prosecutors seeking maximum penalty for ACCIDENTS. As for all those who posted saying ANYTHING negative in regards to my friend, Jose Aispuro, SHUT THE &*( Up!
You are all bored individuals with no lives who have nothing better to do than to sit at home, gain weight, and comment on other people's lives. Get off your computers, go outside, take part in life and you too may have an accident. Hopefully, the public will be a bit more lenient in judging you as you were against Mr Aispuro. He too has a family and children, and a wife, and had a promising career in the Navy. Now his family has to be without him. Children have to go without a father, while he pays a debt to society that he didn't
It not just you!
I agree there is something fishy here. Why would the court send a man to prison for 3 years if it was an accident? People are hurt all the time in accidents and they dont go to prison! I just cant believe it was an accident...I feel so sorry for this mom but I wonder why she believes it? Maybe its too hard to imagine that someone would do this to a child on purpose, I know I would be destroyed if it was my baby. May God bless the child and her family.
Only 3 Years?
I was very disappointed that the way this Navy chief was sentenced. As being an officer of the Navy he should be setting an example of all of the petty officers that are below him. Obviously that was not done. The ranks below him look up to him for guidance and wisdom for future promotions to the next rank. He does not make quality chief material.
There is medical evidence if a child has suffered from shaken baby syndrome. As stated in the article, the little girl suffered from a brain stem misplacement. Anytime, anything that involves the brain stem is generally known to have some sort of brain injury if the victim lives. There are ways to see whether or not the child was mistakenly shaken or was taken by her body and shook so hard that she may never use her left hand. It also stated that they had to drain blood from her left eye, because of brain swelling which results from a brain stem injury. To even come close to a level where she can read, write, and understand basic english will never be with peers that are her age due to her injury.
I also don't understand how the Department of Social Services continues to allow the child to remain in the home that she is currently re
story (re: ummmmmmmmmmm)
I just want to clarify some things here!! I am the babys MOTHER! And the fact that my husband and i didnt want him to sevrve time in jail because it was AN ACCIDENT!!!!!!!!!!!! and you think they should be questioning me thats funny.. havent u ever heard of an accident!! and people almost die because of accidents now imagine if it was intentional. that would be a different story.. but i believe in forgiveness i forgive him beacause god for gave me even though i didnt deserve it. and im not going to live the rest of my life bitter because of an ACCIDENT!! you werent there you dont even know the whole story.. and yea maybe it is just you maybe you need to get your heart right before you come here and say your not trying to judge anyone but yet you did it anyway!!!
sickening
Stories like this make me sick, how could anyone do that to a child?
Baby Story
P.S. The person who harmed a child received less time than the person who harmed the stupid dog. Another case for leaving the Tidewater Area.
Baby Story
Again you started the storyline,"Navy Man..." The story related to a man killing a dog started, "A Chesapeake Man..." How biased can you be doing this. You must think it's okay to demean the United States Navy with your warped sense of judgement....it's not! I wish this paper had been sold to some conservative publisher in Podunk, IA. and fired all in Norfolk. JERKS.
Hmmmm
Uh am I reading this story right????? Maybe I'm missing something, but I thought I read that this child almost died because of her injuries, and thats accidental????? The parents don't want him to serve jail time? I'm not trying to judge but I would be questioning the parents of the child. Thats a little out there to NOT want the person who hurt your child like that to serve time. I don't know maybe its just me?????