Benjamin Brown
photo by Joseph Dycus
Benjamin Brown was sentenced on Wednesday to less than three years total for the death of three-year-old Annie Shell. The jury found him guilty of criminally negligent homicide and reckless endangerment in February for the 2018 murder.
Brown was sentenced to 11 months and 29 days for reckless endangerment and two years for criminally negligent homicide to be served consecutively.
He was immediately taken into custody without bail.
“Every time I pass you I get sick to my stomach,” said Annie’s mother, Tiffany Shell, in her statement to Brown. “I thought for a long time that you were innocent, I really did but after hearing all the evidence, I have my own opinions.”
On Wednesday, the court heard that Brown has two prior class A misdemeanors. Brown was charged with theft in 2013 and pled guilty to a domestic assault charge in 2015.
Prosecutors called the grandfather of one of Brown’s children, Claude Stamey, to testify in regards to previous charges. Mr. Stamey is Emily Brown’s father - Emily Brown and Brown were married for six years and are in the process of divorce.
Mr. Stamey testified that Brown hit him in the face 10 times with an iron dog statue two days after his open heart surgery. He said Brown pulled out a “box cutter-like knife” before law enforcement arrived.
“I begged my wife to please go get my gun and shoot this son of a b****,” said Mr. Stamey. “He was out to do me in.”
Brown failed a marijuana drug test just two weeks after the felony murder charge. He also lied to law enforcement in his statements for this case. Further, he got a speeding ticket while on bail. Defense attorneys asked the court for judicial diversion but Judge Barry Steelman denied due to prior convictions.
“It is disturbing to the court that Brown would have such a lack of sympathy especially since he has children,” said Judge Steelman. “This child was severely and traumatically injured.”
“If you don’t get justice today you certainly will by a higher power,” said Barbra Brewer who said she was like a second grandmother to Annie.