A 23-year-old Glencoe man who plead guilty to first-degree assault was sentenced to 75 months in prison by Judge Jody Winters Friday morning.
“In these circumstances I am not granting the state's request for (a longer sentence),” Winters told defendant Timothy Daniel Miller. “You made an extremely poor choice.”
The sentence allows for the possibility of a 25-month parole period after 50 months.
Miller was charged in January after he shook a 5 1/2-month-old child, Miles Tyson. According to a criminal complaint, Miller was the sole caretaker of the child at the time. The maximum sentence for first-degree assault when great bodily harm is inflicted is 20 years in prison. Prosecutors sought a longer sentence than the maximum because the victim was especially vulnerable.
“The state feels as if this is murder,” assistant McLeod County attorney Daniel Provencher said at Friday's hearing. “The outlook is not great. Miles can't see. He can't hear. Does he even know if his mother is holding him?”
Miller plead guilty to the crime in August.
“To this family, I'd like to say how sorry I am,” Miller said Friday morning. “I never meant to hurt or harm. I'm sorry for all the pain this has caused for everyone involved. I wish I could go back so there is no pain and anger for anyone. I am truly sorry.”
Miller's attorney, Steve Bergeson, said the ripples of the event had affected many.
“The Miller family also feels those ripples,” he said. People are more than the worst things they have done. … Young people make bad decisions. We all reflect on decisions we made that we wish we could unmake.”
Tyson's mother, Brienna Quinn, said the day she gave birth to her son was “the hardest and most euphoric day of my life.”
“As a mom you hear about all the ways your child can be endangered. You do everything in your power to protect them. I picked carefully who I allowed near my son. I picked you,” Quinn said while looking at Miller. “I'll never forget the confusion and worry that day. My perfect, precious, loving, happy child was just learning to sit up. Now he was in a hospital bed.”
Quinn said no parent should have to decide if their child should live or die. Miles now requires eight different medications, including opiates. Quinn said she had to learn how to look for opiate withdrawal in her child.
The case began Jan. 4 when Glencoe police were dispatched to a residence on Baldwin Avenue, Glencoe. Tyson was found unresponsive with shallow breathing. According to a complaint, Miller told police he became frustrated with the child and shook him approximately five times, after which he noticed Tyson’s eyes roll back in his head and he started having difficulty breathing.
A medical examination was conducted by Dr. Alice Swenson at Children’s Hospital in St. Paul. She found that Tyson had suffered a subdural hemorrhage and a massive brain injury.
When speaking at the hearing Friday, Tyson's grandfather Jeffrey Quinn said his grandson may never be able to walk. He said Tyson cannot sit up, but should be walking and talking at nearly two years old. Ninety percent of Tyson's brain is damaged, with more than half inactive. He will likely need 24-hour care the rest of his life.
“I can't get to sleep at night,” Jeffrey said. “People ask me, 'Why haven't you killed the guy who did this?' I pray the court will give him the maximum sentence.”
