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District Attorney

Posted on: October 8, 2020

Pa. Superior Court: Man Must Pay $459K Restitution for Child’s Brain Injury

DanielDeleon

A Mount Joy man must pay nearly half a million dollars in restitution costs regarding his conviction of endangering an infant who sustained a brain injury three years ago, a state appellate court recently ruled.

The infant was under Daniel D. Deleon’s care on June 1, 2017, when the boy sustained a skull fracture and other permanent injuries.

Deleon was convicted at trial last year of endangering the welfare of a child and reckless endangerment. As part of sentence, Deleon was ordered to pay $459,150 in restitution for the boy’s medical treatment and care.

Deleon, 31, filed a motion challenging the order of restitution. Deleon argued since he was acquitted of aggravated assault charges, he is not responsible for restitution.

The Pennsylvania Superior Court on Friday issued an opinion ordering Deleon to pay the restitution.

Assistant District Attorney Christine L. Wilson, who prosecuted the case, also represented the Commonwealth in the restitution matters.

But for (Deleon’s) criminal conduct of violating his duty of care… child would not have suffered permanent injuries,” the appellate court writes in a 10-page opinion.

Lancaster County Judge Margaret Miller presided over the jury trial, and previously ordered Deleon responsible for the restitution costs.

Judge Miller, in her previous opinion, also referenced the “but-for” test, writing that the child would not have been injured but for the defendant’s criminal conduct.

MEDIA CONTACT: Brett A. Hambright, 717-295-2041; bhambright@co.lancaster.pa.us; Twitter: @BrettHambright

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