It’s the kind of story that makes you sick to your stomach.
A 31-year-old man from Moorhead, Minnesota has been sentenced to 30 months in prison. Police say Michael Foltz was abusing his infant daughter.
They say the abuse happened between April 10 to May 30 of this year.
The mother of the baby took her to the Essentia Healthy Emergency room after she noticed the infant had horrible bruises over both of her eyes.
The 2-month-old also had purple marks on her back, a contusion on her shoulder, and a red mark on her chest.
Police say Foltz sent a picture of the infаnt to the mother via text, showing that the baby’s eyes were red and swоllen shut, and she was foaming at the mouth.
Foltz described to police why she had all of the injuries, blaming the march on her chest on an inability to put her bib on.
Police say he told them he was frustrated with her crying, so he hit her with a wooden spoon.
He blames other marks on the couple’s three-year-old son, saying he hit the baby with a toy gun.
Police say Foltz finally admittеd to abusing his daughter, confessing that he rubbеd hot sаuce and cаyenne pepper in her eyes, mouth, and nose. He told police he also used a towel to snap her in the face five times, and repeatedly pinched her to make her cry. He admitted that to stop her crying, he pinched her mouth and nose closed to block her airway.
According to the Duluth News Tribune, police say that Foltz even threw fireworks in his daughter’s face and sprayеd her with hot water.
He was charged with mаlicious punishmеnt of a child, two counts of third-dеgrее аssаult, and nеglеct of a child. All of those charges are feloniеs.
Of that 30 month sentence, he’s being given “credit” for serving 429 days of the sentence.
Ridiculously light sentences like this for unspeakable crimes make you wonder what prosecutors and lawmakers are thinking.
Take, for example, the recent case on the West Coast involving the rapist who wasn’t supposed to be in the country.
He was released from jail just days ago in Seattle. Now police are hunting for a convicted rapist who they say immediately returned to rape the same victim.
The woman’s name is not being shared, but she sat down with a local media outlet to express her anger with how King County’s been handling the case.
It started last year, when a White Center woman who is wheelchair dependent was raped by a man she didn’t know – in front of her 2-year-old child.
Francisco Carranza- Ramirez was convicted in the rape. But he served 9 months in prison before being released last week.
Detectives say Ramirez returned and once again attacked the woman.
“I thought he was going to kill me,” she said to Q13 News. “The way he had my throat I couldn’t breathe,” she said.
She is now in protective custody while Ramirez is on the run.
“In a case like this, the system completely backfired and failed me,” she said.
She says the King County Prosecutor’s Office failed her and lead to her being raped again.
“They file the charges lower so that they can convince or incentivize to plead guilty,” she said.
She says she asked the prosecutor’s office to go after Ramirez to the full extent and they refused.
“It’s not a justice system for victims, it’s a justice system for defendants,” she said.
Now that he’s been released, she says the courts failed her again. Prosecutors asked for community custody, but King County Superior Court Judge Nicole Gaines Phelps declined that recommendation.
A spokesman said the judge cannot speak about the case outside of court, but her office did send Q13 News audio of the hearing from last week.
In it, you hear the defense telling the judge that all the logistics to get Ramirez to Mexico were in place. The defense then promised the judge that his ex-wife would be responsible for getting him on a plane that was booked for his native country.
It was Ramirez who requested the ability to leave for Mexico, and there was a question by the judge on whether or not he could leave the US for Mexico if he was in community custody.
In the end, the judge ruled to allow Ramirez to leave the U.S. on the condition he provide proof that he arrived in Mexico once he got there.
The penalty if he didn’t? Simply a bench warrant with no cash bail.
Of course Ramirez didn’t go to Mexico. Instead, the 35-year-old took off… and has no known address because he is homeless.
The King County Prosecutor’s Office says it’s not their fault. They argued they never negotiated her case with the other side and there was no plea deal.
“The State did not file a lesser charge to incentivize a plea – nor did anyone in our office tell the victim that we filed a lesser charge to incentivize a plea,” the prosecutor’s office said.
According to the prosecutor’s office, Ramirez pleaded guilty to the original charges during his arraignment and the charges were based on the evidence they had.
They said his case is “very unusual”, because they say most defendants plead not guilty.
The victim says the charges were all wrong. She argues Ramirez should have been charged with aggravated factors and not just rape in the 3rd degree, for which the maximum sentencing is 1 year behind bars.
That’s the sentence Ramirez got, but thanks to “good behavior”, he got out in 9 months.
The victim stresses that a harsher charge could have led to a longer jail time.
There are also questions as to why the judge in this case did not alert law enforcement to escort Ramirez to the border.
But of course thanks to lawmakers in the incredibly liberal state, attorneys and judges aren’t allowed to ask citizenship status. That means the question of whether an agency like ICE should have been alerted is not up to the courts.
Here’s what an ICE spokesman had to say:
“In this case, we were not alerted that this person was going to be released from local custody. It makes it really difficult for us to identify them when we are in local custody because prior to this law, and this law goes a step further, but prior to this law the state has effectively blocked us from accessing any sort of state law enforcement databases … We cannot access the detainees themselves in local custody, so we have to find sources of information that are available to the public to try and determine who is in the local jail. Often times we are only going to know after the fact,” said Acting Field Officer Director for ICE Bryan Wilcox.
State Rep. Dan Griffey is ripping mad.
“It’s pissing me off, and we should all be pissed off,” Griffey said.
Griffey is an advocate for reforming sexual assault laws in Washington, and he said this proves that more work needs to be done.
“A lot of times they plead cases out but there are certain cases that are so detrimental to society,” Griffey said.
He said he wants to sponsor a bill that could change the process when it comes to the most violent sexual assault cases.
“The legislation is getting to the point that we tell prosecutors that you can’t plead these cases down in certain circumstances,” Griffey said.
He did NOT weigh in on the migration topic, but he did say Ramirez’s case defies common sense.
As for the victim? She says she’s terrified to go outside with the predator still on the loose.
“I don’t want him to hurt anybody else,” she said.