Mitchell woman who bit baby convicted of assault
The Mitchell woman arrested in March after bruises and bite marks were found on her 7-month-old son pleaded guilty to and was convicted of simple assault Tuesday.
Jasmine Rathsack, 21, will serve no jail time other than the 72 days she served between her arrest and her release on bond. The remaining 100 days of her 172-day sentence were suspended.
Davison County Deputy State's Attorney Alicia Odlund said the bite marks and bruising on the baby caused by Rathsack were the basis for the misdemeanor assault charge.
"I have a hard time understanding what was going through your mind, what you were thinking," Judge Chris Giles said to Rathsack during her sentencing hearing. "The age of your son, he has no control over his actions."
According to court documents, Rathsack bit the baby on the forearm when she woke up to him crying early on March 4. A circular bruise was also reported to have been found on the baby's cheekbone. Rathsack was charged with one count of abuse or cruelty to a minor under the age of 7, a Class 3 felony punishable upon conviction by up to 15 years in prison.
Authorities were alerted to the baby's injuries when he was brought to a clinic in Mitchell on March 5. At that time, Tyler Freeman, 21, was charged with abuse or cruelty to a minor. Rathsack was arrested the following week, and Freeman has since been convicted of misprision of a felony.
Discussion during court indicated that the baby is now in the custody of the Department of Social Services, and Rathsack said she's planning to take parenting classes.
Rathsack was ordered to be on good behavior for 360 days and follow recommendations from the Department of Social Services. She must pay a $500 fine, $86.50 in court costs, $56.33 in transcript fees and a $25 domestic surcharge.