Brown in the courtroom
photo by Joseph Dycus
After 11 hours of deliberations, a Criminal Court jury on Monday afternoon found Benjamin Brown guilty of lesser charges and he was allowed to stay free on bond until sentencing.
He had been charged with felony murder and aggravated child abuse. He was convicted of criminally negligent homicide and reckless endangerment.
Defense attorney Steve Brown said criminally negligent homicide carries a sentence of 1-2 years and reckless endangerment is a misdemeanor carrying up to 11 months and 29 days.
Brown had pleaded not guilty to felony murder and aggravated child abuse of Annie Shell in August 2018.
He was babysitting Annie and, soon after, she was hospitalized from a seizure and multiple blunt force injuries.
Annie spent 11 days in the hospital before she died.
Brown, whose girlfriend was the main babysitter for Annie and her sister, took the witness stand in his own defense.
He also called a nationally known forensic expert.
Medical Examiner Dr. James Metcalfe said the child died from being shaken.
Brown remains free on bond pending his sentencing on April 27 by Judge Barry Steelman.
Attorney Kevin Loper was also part of the defense team.
Prosecutor Andrew Coyle and the defendant
photo by Joseph Dycus