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Man accused of abusing infant sentenced to two to 10 years

Derrick Lane Fillinger pleaded no contest earlier this month to one count of child abuse causing serious bodily injury

January 26, 2012

MARTINSBURG, W.Va. — A man accused of abusing a 3-month-old boy was sentenced to serve two to 10 years in prison Thursday by 23rd Judicial Circuit Judge Gina M. Groh.

Derrick Lane Fillinger, 27, pleaded no contest earlier this month to one count of child abuse causing serious bodily injury, according to court records.

Counts of gross child neglecting creating substantial risk of serious bodily injury and felony conspiracy to commit child abuse were dismissed as part of a plea agreement, according to court records.

The child’s mother, Jo Ann Bryan, 24, previously pleaded guilty to one count of accessory after the fact to felony child abuse causing serious bodily injury and one count of providing false information to police, according to court records. 

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Bryan was released from Eastern Regional Jail in October 2011, after serving a four-month sentence and is expected to be placed on probation for five years, according to court records.

Fillinger told police that he believed the bruises were caused by the family’s golden retriever and the mother’s 3-year-old daughter, according to court records.

He later admitted that he was alone with the toddler and the 3-year-old while his girlfriend was shopping in October 2010, the court records said.

Bryan initially said the dog was playing in a rough fashion with the child and was standing on top of the boy, but then later admitted that she had been lying, the records said.

A physician at Frederick (Md.) Memorial Hospital determined that the fracture of the child’s left tibia was caused by a severe amount of concentrated force in a twisting manner, the records said.

— Matthew Umstead

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