By Lori Ehde
A Luverne man is serving a year in jail for maliciously punishing a child.
Jonathon Dewey Menning, 24, was charged in June with several counts of assault and malicious punishment of a three-month-old baby.
According to the complaint, the child's mother took him to Luverne Community Hospital on April 6 for bruising. The diagnosis was four or five broken right side ribs and two fractured ribs on the left side from a prior injury.
According to the examining physician, the bruises on the right side appeared to be four days old.
In an April 17 interview with law enforcement, Menning admitted to intentionally squeezing the baby in March with his hands around the baby's chest. He said it was about 2:30 in the morning and he was frustrated because the baby wouldn't stop crying.
He told law enforcement he grabbed the baby, set him on his lap, and squeezed him out of frustration. He said the baby gasped and could not breathe, and he heard a "popping" sound on the baby's right side.
He said he did this on five separate occasions.
Menning pled guilty Oct. 2 to the felony offense of malicious punishment of a child, which carries a maximum penalty of 10 years in prison, a $20,000 fine or both.
In a Dec. 11 sentencing hearing, the penalty was stayed on the following conditions:
He must serve 12 months in jail effective Jan. 2. He may be released for work, if eligible, and to attend counseling, anger management programs or parenting classes which may be required.
He shall not be alone with a child under the age of 5 years until a psychologist or counselor approves.
He must have no contact with the victim or any child born to him during probation, except as recommended by Rock County Family Services.
The mandatory minimum fine is waived, but he must pay fines and fees totaling $1,038. He may complete community service work to be applied toward the fine.
He must undergo an anger management evaluation and abide by recommendations that result.
He must undergo a psychological and/or psychiatric evaluation and abide by recommendations that result.
He must complete a parenting class at his own expense as soon as one is available.
He must be on supervised probation for 10 years.
The sentence order recognized Menning's sentence was a "downward departure" from Minnesota Sentencing Guidelines, but it was arrived at based on the terms of the plea agreement.
Though Menning and the victim lived in Rock County at the time of the assaults, the proceedings were heard by Pipestone County Judge David Christensen, and many took place in Pipestone County District Court.
This was done to avoid the appearance of a conflict of interest with Rock County Sheriff's Investigator, Clyde Menning, Jonathon's father.
The investigation was turned over to Paul Soppeland, special agent for the Minnesota Bureau of Criminal Apprehension.
Pipestone County Prosecuting Attorney Damain Sandy assisted with the case.
"It was a very sad case for everyone involved," Sandy said Tuesday. "It was sad for the victim, the defendant, the courts, the investigators... all the way around."
He said the baby has recovered from injuries and is in a safe environment.