WOODSTOCK – A Lake in the Hills man was sentenced to two years of probation for playing a role in the 2006 death of his infant nephew.
Julian Palomo, 41, also must pay a $10,000 fine after pleading guilty in March to involuntary manslaughter for the death of 3-month-old Daniel Marchan. Palomo had faced up to five years in prison for the Class 3 felony.
Palomo initially was charged with aggravated battery to a child for allegedly shaking the baby, but the charges were later upgraded to include murder.
The baby died after about a week in the hospital. He had no brain activity, and family members agreed to take him off life support, officials have said.
After an autopsy, officials from the Cook County Medical Examiner's Office said the baby died from blunt head trauma and ruled the death a homicide. But defense attorney Darryl Goldberg said that the baby had significant previous medical issues and that Palomo had attempted CPR.
A plea deal was worked out because doctors had conflicting opinions on the case,
McHenry County Assistant State's Attorney Michael Combs said. He asked for Palomo to be sentenced to prison, saying that probation would deprecate the seriousness of the offense.
The baby's parents were in the courtroom during the sentencing hearing and letters they wrote were given to Judge Joseph Condon in support of Palomo. They asked for a sentence of probation.
Both the mother and father said their son had medical issues they didn't know about at the time, but that they clearly see now that they have two healthy children.
One of Palomo's four sons also wrote a letter to the judge saying that his father had been portrayed as a child killer, but is actually a "big teddy bear" and a gentle, loving man.
The son wrote of his fear every time there is a knock on their door as he recalls when it was Department of Child and Family Services who came.
In a letter from Palomo's wife, she said she thinks the family suffers from post-traumatic stress disorder and that if her husband were to be sent away to prison, it would create unnecessary victims.
Condon said this case was a first for him.
He has been a lawyer for more than 40 years, Condon said, and has been to many court proceedings where the family of the victim sat on one side of the courtroom and the defendant on the other.
"This is the first time I've seen the mother and father of the deceased speak out in favor of the defendant at a sentencing hearing," he said.
Condon also pointed out that, by definition, involuntary manslaughter is unintentional.
