EVERETT — A Mukilteo man accused of abusing his 5-week-old son opted to have a judge decide his fate after losing the battle to throw out his confession.
Snohomish County Superior Court Judge Anita Farris ruled earlier this month that statements Andre Ash made about how his son was injured last year would be admissable at trial.
Mukilteo police reported that Ash admitted that he shook his son March 13, 2015, because the infant wouldn’t stop crying. The baby’s head struck a wall, Ash said. He also admitted to shaking his son more than once, according to police reports. Ash later told detectives that he may have fractured the boy’s ribs when he was squeezing him.
The baby’s grandmother took him to the Everett Clinic in Mukilteo after she noticed a lump on his head. After an evaluation at the clinic, the boy was transported to Children’s Hospital in Seattle. Doctors discovered multiple injuries, including broken ribs, a fractured skull and a broken arm and leg. They concluded that the injuries were the result of abuse.
Ash, 34, agreed to a bench trial earlier this month, leaving the verdict up to the judge.
In court papers, Ash denied assaulting his son. He insisted that he gave police a false confession because he wanted the boy to stay with his mother. He was afraid a jury wouldn’t believe him, saying, “I am uncomfortable speaking in public,” court papers said.
Farris, after reviewing the police and medical reports, convicted Ash of second-degree assault of a child.
The defendant is expected to appeal his conviction, including the judge’s ruling that a jury could have heard his statements to police.
Ash faces up three years in prison. He has been in custody since his arrest last year. He is scheduled to be sentenced in October.
His son, now 16 months old, remains with a foster family. The whereabouts of the boy’s mother are unknown, Snohomish County deputy prosecutor Bob Langbehn said.
“The child appears to be thriving and doing well,” Langbehn added. “He doesn’t have any apparent long-term physical effects as a result of the assault.”
This story has been revised to correct the age of the baby at the time of the assault.
Diana Hefley: 425-339-3463; hefley@heraldnet.com. Twitter: @dianahefley
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