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Hagerstown man gets suspended sentence for injuring baby boy

David Michael Malekar was sentenced to seven years in state prison but all of it was suspended except for time served

June 20, 2013|By DON AINES | dona@herald-mail.com
  • David Michael Malekar
Submitted photo

A Hagerstown man accused of injuring a baby boy last fall has received a suspended sentence after entering an Alford plea to second-degree assault in Washington County Circuit Court.

David Michael Malekar, 26, 18808 Preston Road, entered the plea on June 11 before Washington County Circuit Judge Daniel P. Dwyer, according to court records.

Malekar was sentenced to seven years in state prison, but all of it was suspended except for 113 days he had served after his arrest, the court records said.

He was also placed on probation for three years, the records said.

While he is on probation, Malekar cannot have unsupervised contact with the child, Assistant State’s Attorney Brett Wilson said this week.

The boy recovered from his injuries, Wilson said.

An Alford plea is not an admission of guilt, but an acknowledgment that the prosecution has enough evidence to get a conviction.

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In exchange for Malekar’s plea, all other charges were dismissed, including first-degree child abuse resulting in severe physical injury, the records said.

The Washington County Sheriff’s Office had investigated an Oct. 3, 2012, incident in which a 13-month-old boy sustained a fractured skull, according to charging documents.

The child’s mother gave police differing accounts of how her son was injured, but said she did not see the child get hurt, the documents said.

Malekar told police he was spinning the boy when he lost his footing, and the child hit his head on a computer tower, the documents said.

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