GUILTY WI - Trey Burgess, 4, dies of head trauma, Mitchell, 18 April 2015

A Waldo man has been charged with reckless homicide in the death of his fiancee's 4-year-old child in the town of Mitchell.

Armando Aguirre, 31, was charged with second-degree reckless homicide, a charge that carries a maximum penalty of 15 years in prison and 10 years extended supervision. Aguirre also has a repeat offense enhancer as a result of three past misdemeanor convictions: two for battery and one for resisting or obstructing an officer. Aguirre was also being held on a probation hold as a result of a past OWI conviction.

According to the criminal complaint: Aguirre was watching his fiancee's 4-year-old son as well as his own 3-year-old son while she was picking up her other kids from school Friday afternoon. Aguirre said his son asked him to "spin" him around, at which point Aguirre swung around his son by the legs. The 4-year-old also asked to be swung. Aguirre told investigators that he spun the 4-year-old as well, but the child's head hit a carpeted floor rug with a "glancing blow."

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los2188 said:

Armando Aguirre, 31, was charged with second-degree reckless homicide, a charge that carries
a maximum penalty of 15 years in prison and 10 years extended supervision. Produced by
Gary C. Klein and Jason Smathers/Sheboygan Press Media
http://www.sheboyganpress.com/story...arged-reckless-homicide-death-child/26307739/

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District Attorney Joe DeCecco said the charges came about because of the inconsistency between Aguirre's statements and the medical examiner, who said the injuries were along the same lines as those caused by a fourth-floor drop.

"We believe his account as far as what he was doing," DeCecco said. "But we think maybe he slipped, maybe he miscalculated, but that child hit the floor really hard, and that's what caused the ultimate conditions that led to his death."

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A Sheboygan County man, accused in the death of his fiancee’s son has been sentenced to prison.

32-year-old Armando Aguirre in March pleaded no contest to a felony charge of second degree reckless injury.

On Thursday, April 7th, he was sentenced to serve five years in prison and five years extended supervision.

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Initially, Aguirre was charged with second degree reckless homicide, but this was amended to second degree reckless injury with approval from Sheboygan County Circuit Court Judge Rebecca Persick Tuesday, March 29.

The case was just one week shy of going to trial when the charge was amended and the defense pleaded no contest. DeCecco said this was likely the result of “sitting down to try to figure out a reasonable solution” to an act that was “not intentional” but "very serious" as it resulted in the death of a child.

“This was not an intentional act and was not charged as such from the beginning,” DeCecco said. “A lot of people swing their kids around when playing. I’ve swung my nieces and nephews around —not by the legs, but from under the armpits. It could have happened to anyone.”

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MyBelle said:

Seriously undercharged considering the child's brain injuries were consistent with a 4-story fall. It's bad enough that being a moron isn't a felony but the prosecutor making excuses is really over the top. Maybe he slipped? GMAB

JMO

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