EASTON, Pa. – A Pennsylvania man was sentenced Friday to up to 40 years in prison for his role in the death of his girlfriend's 17-month-old daughter, and the judge told him he wished he could give more time in prison.
Gary Foley Jr., 33, was sentenced at county court in Easton to serve 20 to 40 years in prison, the maximum allowed sentence. In court, Foley never spoke, shaking his head when presiding Judge Stephen Baratta asked if he had anything to say.
The Morning Call reports Foley pleaded guilty in June to third-degree murder in a plea agreement.
If his case did go to trial, Foley could have faced life in prison without parole.
Before sentencing, Foley told a probation officer and a psychologist he was overwhelmed by the horrible living conditions at his trailer home where he was living at the time. Foley said he slammed the baby into the ground after she wouldn't stop crying.
The baby, Kannah Dew, died after being rushed to the hospital Feb. 24, 2015.
Baratta noted that Foley did not apologize for causing the death of Kannah. He added that Foley was casting himself as the victim and wasn't showing remorse.
"What mercy did he display that day that would make me want to give him some mercy today?" Baratta asked.
Foley's current account differs from what he told police the night Kannah was rushed to the hospital — that she choked on a piece of hot dog. But an autopsy revealed a significant fracture to the back of the girl's head.
Assistant District Attorney Tatum Wilson said that Foley has never taken responsibility for what he did, even though he admitted his guilt.
Information from: The Morning Call, http://www.mcall.com