ANDERSON — An Alexandria mother whose infant daughter suffered a broken leg in 2017 was sentenced to five years, but won’t serve time in prison.
Emily McCune, 22, received a five-year prison sentence Friday after pleading guilty to a Level 3 felony charge of neglect of a dependent resulting in serious bodily injury.
Madison Circuit Court Division 6 Judge Mark Dudley placed McCune on in-home detention for three years and two years on probation.
“This is a difficult case,” Dudley said. “It was an unfortunate and horrible event by all accounts.”
Dudley said, as a general rule, anyone convicted of a Level 3 felony will receive an executed sentence.
Two weeks ago Dudley sentenced Ryan Smith, the father of the 2-month-old girl to six years on a Level 3 felony charge of neglect of a dependent causing serious bodily injury and six years on a Level 3 felony charge of battery causing serious bodily injury to a child under the age of 14.
Dudley ordered the two six-year sentences to be served concurrently.
McCune said during the hearing that several times she had threatened to leave Smith over his treatment of the child.
“He was going to change,” she testified. “I was easily manipulated.”
McCune took responsibility for the incident and told Judge Dudley she was aware of the physical abuse.
McCune and Smith have three children together, ages 3 and 2 years old and 8 months.
She is able to see the two older children for several hours a week. Those children are in the custody of her parents.
McCune said all the charges filed by the Indiana Department of Child Services have been dropped.
She has not been able to see her youngest daughter because of a no-contact order that remains in effect.
“Not seeing her for three years seems like punishment enough,” McCune said.
Dudley said he would be willing to conduct a hearing in the future on the no-contact order to hear from experts that McCune is not a threat to the children anymore.
When pleading guilty, Smith admitted to changing his infant daughter’s diaper, became frustrated when the child wouldn’t stop crying and twisted her leg. He waited two hours before taking his daughter to a hospital where doctors found multiple fractures incurred after birth.
Dr. Ralph Hicks, a specialist in child abuse pediatrics at Riley Hospital for Children in Indianapolis, documented these injuries for police in addition to the broken femur, according to court documents.