A Butte man accused of fracturing the skull of his 10-week-old son in 2018 has been transferred to the Montana State Prison to serve a six-year sentence.
Ronald Ortiz-Cabrera, 37, pleaded guilty in May to felony assault on a minor and he was sentenced Aug. 28.
Prosecutors recommended a 10-year prison term with five years suspended, but District Judge Kurt Krueger imposed a 10-year sentence with only four suspended. Ortiz-Cabrera was given credit for 355 days in jail, however.
In a formal judgment and order filed Thursday, Krueger said his sentence was based on the nature of the crime and Ortiz-Cabrera’s lack of remorse and accountability.
“The Court further considered the need to protect society and the degree of harm caused to the victim and the family,” Krueger said in the order.
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According to prosecutors, the infant was brought to the St. James Healthcare emergency room on May 11, 2018. Doctors determined his skull was fractured and he had some bleeding on the brain, and he was flown to a hospital in Kalispell for more treatment.
Ortiz-Cabrera told police he was caring for the child while downstairs in his “man cave,” where he plays video games and watches TV, and the boy would not go to sleep after his bottle. He thought the boy was hungry again.
While carrying the boy in his arm and into the kitchen, one of the swinging doors struck the back of the infant’s head, Ortiz-Cabrera said. The boy started screaming, and his mother rushed downstairs to check on him.
One of the doctors in Butte told officers there was no way such extensive injuries would have occurred from a swinging door, and prosecutors ultimately filed the felony charge against Ortiz-Cabrera.