A Ferndale man, Evaristo Mendez, age 26, who admitted to police having assaulted his infant child, was sentenced last week in Whatcom County Superior Court to a term of 8 years confinement and required to pay $15,807.07 in restitution.
Mendez was found guilty of 1st degree assault of a child by a jury trial.
According to a City of Ferndale spokesperson at the time of his arrest, Ferndale Police were contacted by Seattle Children’s Hospital on January 12, 2017 and advised a 5-month old patient was there with injuries that did not appear to be from accidental trauma. Police contacted Mendez and he admitted to Ferndale Police investigators getting frustrated when his child would get fussy and would not eat. It was determined the original injury happened on December 31, 2016 in the 2300 block of Douglas Road.
According to the Affidavit of Probable Cause filed with the court by the prosecuting attorney, Mendez told police investigators he had been home with the child while his wife was working. He said the child was in a “Rock n Play” when he hit the device causing the child to hit their head on a plastic part multiple times. Mendez reported then hitting the device harder causing the child to fall out, striking their head on the floor. Mendez did not reveal this to his wife when she came home that evening. The couple took the infant to the hospital the next day after it had been up with projectile vomiting overnight.
Mendez had no previous criminal history and was scheduled to begin his term of confinement immediately with credit for time already served. He was also ordered to have no contact with the child for 10 years.