BRIGHTON — The five-year prison sentence for a former Adams County deputy who punched a 15-year-old restrained in an ambulance officially was replaced with a two-year probation sentence Friday.
David Morrow, 31, was released from prison last week after serving less than a year of his sentence. He had been sentenced in October to the mandatory minimum of five years.
Morrow faced a maximum of 16 years in jail after being convicted in August of felony second-degree assault and misdemeanor charges of third-degree assault and child abuse.
Adams County Judge Katherine Rose Delgado, who presided over Morrow’s trial and sentenced him, made her decision last week. She said he was not a threat to society and said keeping him in custody was a waste of taxpayer dollars.
Morrow’s attorney, Donald Sisson, had argued that the jury’s findings — that Morrow was not responsible for breaking the teen’s jaw, but that the use of his fist equated to the use of a deadly weapon — were unusual and not in accordance with the law.
“The judge did a very good, thorough job re-examining the case,” Sisson said.
Prosecutors told Judge Delgado on Friday that the victim initially wanted to address the court but felt there was no longer any purpose since the judge already had made her decision.
“We are disappointed in the court’s ruling,” District Attorney Dave Young said in a news release. “The jury convicted the defendant of an offense that carries a mandatory sentence. It’s unfortunate that this was not recognized in the resentencing ruling.”
The judge said any allegation that she wasn’t following victim- rights laws was “absurd.”
While on duty at about 1:10 a.m. on June 12, 2011, Morrow responded to a call where he found a 15-year-old who appeared to be intoxicated. The boy was combative and would not give his parents’ contact information, so police decided to take him to the hospital.
The teen was in an ambulance, on a gurney with his feet and hands restrained, when Morrow punched him in the face with a closed fist. He later was treated for a broken jaw.
Morrow, who was fired on July 28, 2011, must pay medical fees associated with the incident and was ordered to take anger-management classes and participate in victim empathy groups. He was also ordered Friday not to have any contact with the victim’s family. Prosecutors had said the victim still fears retribution.
Despite the sentence reduction, the case is in the process of being appealed.
