An Arapahoe County judge on Monday cut seven years off the 21-year sentence originally given to Devon Weinstein for abusing his then-girlfriend’s 7-month-old daughter.
The reduction makes it possible for Weinstein to be released sometime before Oct. 11 next year, although that decision will be up to the state parole board. His mandatory release date has been moved up to 2019.
The child, Morgan Faith Woodward, suffered 11 broken bones, burns to her lip and mouth and a separated left elbow.
Her 5-year-old brother, Cameron, later told police that Weinstein held the girl down and broke her legs.
In 2008, Weinstein pleaded guilty to two counts of child abuse, saying that he only failed to get the child medical attention and report the abuse. He was sentenced to 21 years.
On Monday, Weinstein, 36, asked District Judge Mark Hannen to reduce the sentence to 10 years.
In arguing against the sentence reduction, Deputy District Attorney Cori Alcock said Weinstein “still hasn’t admitted what he did.”
Weinstein’s lawyer, Bradley Lozow, argued that courts generally sentence child-abuse defendants to 21 years only if the child died. And he said that while in prison, Weinstein has taken numerous courses, including several on anger management. He has been a model prisoner, and prison officials picked him to participate in a program training service dogs, Lozow said.
Hannen said Weinstein has taken steps to become a productive member of society by attending a wide variety of self-improvement and education courses while behind bars and that he has a family network, including his mother and stepfather, who can help him lead a productive life when released.
The judge agreed with Lo zow that 10 years is a substantial sentence but added that cutting 11 years from the original 21 would not be justified.
The girl, whose left arm has never fully recovered, will probably always have some degree of mobility loss, Hannen said. And the injuries she received were from multiple attacks.
Weinstein had a prior rec ord, mostly for misdemeanors, but was free on bail related to burglary and menacing charges when he was arrested for injuring the child, Hannen said.
“Factors here call for a lengthier sentence than the minimum level, even though the minimum is substantial,” he said, before leveling 14-year sentences on each of two counts. Weinstein will serve the sentences concurrently.
“It is definitely closer to justice than it was yesterday,” said Randy Wolf, 35, Weinstein’s brother.
But the victim’s family disagreed.
“Once again, I think the system has sent a message that abusers’ rights are more important than the victim’s,” said Woodward’s great aunt, Lorraine Melgosa, who attended the three-hour hearing.
Tom McGhee: 303-954-1671 or tmcghee@denverpost.com
