Ryan Smith

Ryan Smith

ANDERSON — An Alexandria man has been sentenced to six years in prison for breaking the leg of his 2-month-old daughter in 2017.

Ryan Smith, 25, was sentenced Friday by Madison Circuit Court 6 Judge Mark Dudley 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.

A Level 3 felony charge of neglect of a dependent causing serious bodily injury was dismissed.

Dudley ordered the two six-year sentences to be served concurrently, and Smith was immediately taken into custody by deputies with the Madison County Sheriff’s Department.

“You’re responsible for what you did,” Dudley said. “You’re a young man that broke the femur of a 2-month-old.

“I’m sure you will never be back in the courthouse,” he said.

Smith told Dudley during the hearing that he didn’t want to say goodbye to his kids.

He and his fiancée, Emily McCune, who will be sentenced July 31, have three children together: ages 3, 2 and 8 months.

“I’m able to provide for them,” Smith said. “I know this will not be a permanent goodbye. But I don’t want to come back and my kids don’t know who I am.”

The probation department recommended a nine-year sentence and three years on probation.

Dudley asked Smith what happened in 2017.

“To be honest, I’m at a loss for words,” Smith replied.

Dudley said Smith has had three years to think about it.

“There is no way to explain,” Smith said.

“I’m not buying it,” Dudley said. “You made the decision to cause the injury.”

Smith responded that it might have been drugs, that he was too scared to be an adult and parent.

“I’m not trying to play it down,” he said. “I don’t know where I was at the time. I’m not lying when I say I’m at a loss for words.”

The three children are in guardianships with McCune’s parents.

When pleading guilty Smith admitted that while changing his infant daughter’s diaper he 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 Children’s Hospital, documented these injuries for police in addition to the broken femur, according to court documents.

  • A fracture in the knee area of Baby H’s left leg.
  • A total of seven fractured ribs on the right and left sides of her body.
  • A fracture of her left forearm on the thumb side.
  • A fractured humerus bone toward the elbow on the girl’s left side.
  • Fractures to the right and left tibia near the ankle.
  • A compression fracture to the fifth lumbar vertebra.

Since the baby was born in April, McCune told police, Smith became angry and aggressive toward her and Baby H. So much so that McCune threatened to leave him several times, according to court documents.

Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.

Senior Reporter covering Anderson and Madison County government, politics and auto racing for The Herald Bulletin. Has been working as a journalist in central Indiana since 1977.

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