No contest plea in 'swinging child' death

A Cascade man pleaded no contest to an amended injury charge in the death of his fiancée’s 4-year-old son last April in the Town of Mitchell.

District Attorney Joe DeCecco said the prosecution plans to recommend five years in prison and three years' extended supervision for Armando Aguirre, 32, who pleaded no contest to second degree reckless injury.

Last April, Aguirre was looking after his fiancée’s 4-year-old son and his own 3-year-old son when the children asked to be “spun” around.

The father first swung his own child around by the legs. He proceeded to swing his fiancée’s son the same way, but told investigators the child's head hit a carpeted floor rug with a "glancing blow," according to the criminal complaint.

Aguirre called the child's mother who said to dial 911. The child was rushed to St. Joseph's Hospital in West Bend before being transferred to Children's Hospital in Wauwatosa where he eventually died as a result of his injuries.

Initially, Aguirre was charged with second degree reckless homicide, but this was amended to second degree reckless injury with approval from Sheboygan County Circuit Court Judge Rebecca Persick Tuesday, March 29.

The case was just one week shy of going to trial when the charge was amended and the defense pleaded no contest. DeCecco said this was likely the result of “sitting down to try to figure out a reasonable solution” to an act that was “not intentional” but "very serious" as it resulted in the death of a child.

“This was not an intentional act and was not charged as such from the beginning,” DeCecco said. “A lot of people swing their kids around when playing. I’ve swung my nieces and nephews around —not by the legs, but from under the armpits. It could have happened to anyone.”

The recommendation will be brought before Persick at the sentencing hearing scheduled for Thursday, April 7.

Reach Leah Ulatowski at 920-453-5134, Lulatowski@sheboyganpress.com or @Leah_Bekah on Twitter.