WAUSEON — A Wauseon man was sentenced to a lengthy prison term here Tuesday afternoon in Fulton County Common Pleas Court in a case alleging that he caused the death of a child under his care.
Devon Harris, 29, was given a prison term of eight to 12 months by Visiting Judge Daniel Hogan on charges of involuntary manslaughter, a first-degree felony; and two counts of endangering children, second- and third-degree felonies. The charges were merged for purposes of sentencing.
Harris was given credit for 680 days served in the Corrections Center of Northwest while his case was pending. He has been held there since Aug. 8, 2022.
A jury had found him guilty of the above charges in April, but not guilty of murder, an unclassified felony; and felonious assault, a second-degree felony.
Hogan commissioned a pre-sentence investigation following the verdict and ordered Harris to be held without bond pending sentencing.
A Fulton County grand jury indictment more than two years ago alleged that on Aug. 2, 2022 he injured a three-year-old child, Gemma Thompson, who died two days later. Initially she was taken by rescue personnel to Fulton County Health Center, Wauseon, before being flown by air ambulance to Toledo Hospital.
During Tuesday’s hearing, Harris’ attorney, Autumn Adams of Toledo, related her client’s version of the case and continued to contest his guilt, indicating an appeal will be forthcoming.
According to Adams, the child collapsed from a prior medical condition, so Harris tried to shake her and splash water in her face. He subsequently called 911, the child later dying at Toledo Hospital.
“She was essentially dead when she collapsed,” Adams stated.
Too, she told the judge that the reason Harris was charged is because he was the “only adult in the home” when the child collapsed.
Hogan noted the difference between intent and reckless behavior when it came to the charges against Harris. The murder and felonious assault charges on which Harris was acquitted alleged intent while the child endangering charges alleged recklessness.
The child’s mother also offered a statement during Tuesday’s hearing, saying calmly that Harris “is not a bad guy” and “does not deserve to be away from his other other daughter. ... He is a really good guy.”
Offering a tearful statement, Harris said he was going on with “no regrets” and doesn’t “know how I could have responded differently.”
Before sentenced was pronounced, Fulton County Assistant Prosecutor Paul Kennedy called the situation “such a tragedy” and “such a senseless crime.” He asked for a 10-year prison term.
Kennedy made mention of Harris’ considerable criminal history which included convictions for permitting drug abuse, possession of drugs and burglary as well as multiple community control violations. Hogan also noted that Harris had admitted to abusing several drugs, including methamphetamine and heroin prior to the August 2022 incident.
A retired Franklin County Common Pleas judge, Hogan presided over the case in place of Fulton County Common Pleas Judge Scott Haselman who had been the county prosecutor when Harris was indicted in August 2022.
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