Mercer man sentenced to 1-5 years in child abuse case

Sept. 26--PRINCETON -- A Mercer County man charged in August 2015 with seriously injuring a 3-month-old infant will spend one to five years in prison after being sentenced on a charge of child abuse resulting in injury.

The case against Cory Nelson Hawks, 24, of Princeton started Aug. 17, 2015, when Sgt. M.D. Clemons of the West Virginia State Police Crimes Against Children Unit was contacted by the state Department of Health and Human Resources concerning a 3-month-old male infant who was brought to Princeton Community Hospital the previous day by the Princeton Rescue Squad. The infant was taken to Charleston Area Medical Center (CAMC) where more tests were performed.

When Hawks was indicted by the Mercer County Grand Jury in 2017, the grand jury charged that Hawks inflicted "serious bodily injury" by "shaking, striking, pushing, and pulling the infant" in a way that caused multiple bone fractures, brain bleeds, and retinal hemorrhaging in his eyes. He was indicted on a charge of child abuse resulting in serious bodily injury. The infant's mother, Bridgette Hawks was indicted for child neglect resulting in serious bodily injury.

"An MRI showed that (the baby) had suffered cardiorespiratory arrest, ischemia (blood flow and oxygen going to the heart restricted) and multiple brain bleeds," Sgt. M.D. Clemons of the West Virginia State Police Crimes Against Children Unit said in the incident report.

"An X-ray revealed old fractures of the right fourth, fifth, and sixth ribs, a right femur fracture, and a right radius fracture. All of the fractures were in various stages of healing."

An examination of the infant's eyes "indicated retinal hemorrhages which are indicative of 'shaken baby syndrome.' Consultation reports from Charleston Area Medical Center indicated by child abuse was definitive," Clemons stated in the report.

The infant's treating physician said that the injuries "were not consistent with the father's explanation that he had tripped over the cat while holding (the infant)," Clemons said in the report. The doctor also stated that the injuries were consistent with shaking.

Clemons later consulted an occupational therapist who said that the infant continued to show "developmental delays in all areas." He was able to walk around, but not safely because he had problems seeing things in his lower visual fields. The therapist also said he was saying some words, but should be saying short phrases or sentences by now. He has been diagnosed with "cortical visual impairment " that will likely create challenges for him when he starts school and they begin to work on literacy. The child also had problems with fine motor coordination.

In February, Hawks withdrew from a plea agreement before Circuit Court Judge Mark Wills in which he would have pleaded guilty to child abuse resulting in serious injury.

The charge has a possible sentence of two to 10 years in prison. Hawks pleaded guilty July 17 to child abuse resulting in injury, according to records at the Mercer County Circuit Clerk's Office.

The charge carries a term of one to five years in prison.

The order regarding the sentencing of Hawks on Sept. 20 before Judge Wills was filed Tuesday in the circuit clerk's office. In it, Wills denied a defense motion for probation, finding that there "is a substantial risk that the defendant will commit another crime during any period of probation or conditional discharge, and that probation or conditional discharge would "unduly depreciate the seriousness of the defendant's crime."

Hawks will be on supervised probation for five years after his release and he will be registered on the state's child abuse offender registry, according to the court order.

-- Contact Greg Jordan at gjordan@bdtonline.com

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