OSHKOSH, WI (WTAQ-WLUK) – Freddy Colon’s bid for a reduced sentence in connection with the death of a 10-month-old boy was rejected Monday.
Colon is serving a 15-year prison sentence after being convicted of neglecting a child-consequence is death for the December 2018 incident at an Oshkosh home.
Colon’s attorney argued new factors meant another sentencing hearing should be held. But Judge Daniel Bissett rejected the motion Monday.
According to the criminal complaint, Colon initially said he found the child face down in vomit and called the mother. The child was taken to the hospital on Dec. 9 and died three days later.
During treatment, a CT exam discovered evidence of child abuse, with bleeding behind the right eye and bruises on the brain. In subsequent interviews with police, Colon’s story changed several times, according to the complaint.
Colon’s 4-year-old son told police “his daddy spanked the baby because he’s always crying; the baby stopped crying after his daddy went into their room and hit the baby,” the complaint states.
“The autopsy showed that (the child) suffered such a severe injury to the head that his brain swelled to the point that it fractured his skull between the plates (the) injuries (he) sustained would have immediately impaired his ability to function,” the complaint says.
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