Man sentenced for fracturing baby’s arm in 2022

OREGON – A Rochelle man was sentenced to four years of probation Monday for fracturing a 3-month-old’s arm, which he said happened as he was trying to change the child’s diaper.

Luis Vazquez Jr., 23, pleaded guilty in September to aggravated domestic battery and was sentenced Monday during a day-long hearing before Judge John Redington.

Vazquez expressed remorse for injuring the child in the 2022 incident.

“I am sorry for what I’ve done,” he said to Redington before closing arguments. “I take full responsibility. I am sorry to my family. I hope they forgive me and it will never happen again.”

Ogle County Assistant State’s Attorney Allison Huntley told Redington a prison sentence was warranted in the case because Vazquez waited two days to tell anyone what had happened.

“This isn’t someone who just made a mistake,” Huntley said. “This is a baby with a broken arm.”

Court records indicate the baby was diagnosed with a fractured arm after being taken to a hospital two days after the incident.

Huntley claimed Vazquez was angry with the child and used too much force when trying to change its diaper. She said he didn’t tell the baby’s mother because he didn’t want her to be angry with him.

“He hid it for 48 hours,” Huntley said. “He pleaded guilty, and he is still trying to hide behind a diaper change.”

Eric Arnquist, Vazquez’s attorney, disagreed.

“No one is hiding behind a diaper change,” Arnquist said. “That is not what happened here. He did take responsibility when he pleaded guilty.”

Arnquist said the baby was fussy and Vazquez admitted he used too much force when trying to change the diaper.

“Make no mistake, this should not have happened. but he is taking responsibility,” Arnquist said.

Arnquist also said the Department of Children and Family Services had intervened in the case. Supervised visits had been approved by DCFS and Vazquez has complied with counseling and all DCFS conditions, Arnquist said.

“He’s not saying what he did was right. He’s going to have to live with this the rest of his life,” said Arnquist, adding it was not Vazquez’s intention to break the baby’s arm.

Arnquist also said Vazquez had no criminal history and had complied with all conditions set by DCFS and the court, in addition to making all court appearances and counseling sessions. He said a prison sentence would result in a loss of income for the family.

“This is different than someone who has been in trouble throughout their life,” Arnquist said. “He has been complying with everything that has been asked of him.”

In issuing the sentence, Redington said he had reviewed the pre-sentence report on Vazquez and he believed it was “unlikely” he would commit another crime.

“This is a first-time father, at 21 years old. It does not absolve him, but I don’t believe he knowingly caused harm,” Redington said. “I don’t think he did this idiotic act on purpose.”

Vazquez was also sentenced to 60 days periodic imprisonment in the Ogle County Correctional Center. He received credit for 2 days served and was ordered to start his 58-day term on March 10.

“You can only leave for work,” Redington told Vazquez.

Vazquez was also ordered to comply with all conditions set by DCFS and the probation department.

As part of the sentence under state law, Vazquez must provide a DNA sample and is required to register as a “violent offender against youth.”