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Mineral resident sentenced to three years for baby’s injuries

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Llacye Faye Link, right, and her friend wipe away tears as the court hearing comes to a close.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Lewis County Superior Court Judge James Lawler gave 23-year-old Kyle J. Davison three years in prison for the events more than a year ago involving his former girlfriend’s 4-month-old baby girl, a child who is severely brain damaged.

Davison made a so-called Alford plea last month to third-degree assault of a child, in the case that was at first charged straightforwardly as a “shaken baby” case.

The two lawyers agree he acted negligently when the little girl began choking while in his care, but doctors offered conflicting medical opinions, Judge Lawler told the courtroom on Friday afternoon.

“It’s that uncertainty that led to the charges being changed to assault third,” Lawler said. “There’s just no definitive answer.”

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Kyle J. Davison

Davison and the baby’s mother, Llacye Faye Link, told police he was watching her when she began choking and stopped breathing and he tried to revive the infant – by patting her back, and then he got scared and shook her – before carrying her to a neighboring apartment to get help.

It happened in Morton in October of last year. Davison is from Mineral.

Lewis County Senior Deputy Prosecutor Will Halstead recommended to the judge that Davison be sentenced to five years, the longest amount possible, given the conviction. Defense attorney Sam Groberg asked he be sentenced to time served, which is already more a year.

Azlynne Faye Link, now 18 months old, has been home since August with her mother in Morton.

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Azlynne Faye Link

“I think the important thing the court needs to know is the injuries are lifelong,” Halstead said. “The prognosis is not good.”

The baby’s paternal grandmother spoke to the court, saying her granddaughter couldn’t speak for herself.

“She will have a lifetime of misery,” Ruth Crear told the judge. “Please do not let this go unpunished.”

Llacye Faye Link addressed the court as well, asking Lawler to release Davison.

Groberg told the judge his medical expert found after examining all the child’s medical records that before the incident, some of the hallmarks of shaken baby syndrome were present.

“What’s important is Mr. Davison didn’t do an act to harm the child, he was trying to help the child,” Groberg said. “And maybe he didn’t do it right.”

As part of the plea deal, the two sides stipulated the baby was more seriously injured than what would normally accompany a third-degree assault.

Groberg read a lengthy statement from his client, that paralleled what the defendant told police.

“I love Azlynne and Llacye with all my heart and would do nothing to hurt either of them,” Groberg read. “If I could change what happened, trust me, I would.”

Lawler signed an order prohibiting Davison from any contact with the child for five years.

“As Mr. Groberg argues, there’s no evidence of anger, there’s no evidence of malice here,” Lawler said. “Those are the reasons I’m not going to the top of the range.”
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For background, read “Morton “shaken baby” case resolved with plea deal” from Sunday November 23, 2014, here [4]