Salmon man gets prison for shaking his 2-month-old daughter to death
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SALMON — A 22-year-old man was sentenced to prison after admitting to killing his two-month-old by shaking her. But he says he did it to save her.
Roger Denig was sentenced by District Judge Stevan Thompson to 15 years in prison, where he will be eligible for parole after 10 years.
Denig must also pay at least $5,745.50 in court fines and fees. He will receive credit for two years already served in the Lemhi County Jail.
Denig initially pleaded not guilty to a charge of first-degree murder. In January, he accepted a plea agreement and took an Alford plea to an amended charge of voluntary manslaughter in exchange for the prosecution to recommend a minimum of eight and a maximum of 15 years in prison at sentencing.
An Alford plea is a guilty plea where a defendant continues to assert their innocence but admits a jury would likely find them guilty with the evidence presented.
Click here for the background on this case.
Sentencing
Denig’s public defender, Michael Winchester, explained that despite the Alford plea, Denig takes responsibility for his actions that resulted in the baby’s death.
“Roger fully acknowledges that his actions caused the death, in the shake, but it was entered via Alford, where he maintained that he did it for a lawful purpose, which was providing first aid,” said Winchester. “(Denig) acknowledged that based on some of the (potential trial) evidence, in particular the pre-existing injuries that would likely be allowed at trial, and that had that been allowed at trial, he would be convicted had he gone forward.”
According to court documents, Denig told EMTs that the baby had choked, and he shook her to try to save her.
The mother of the child gave a victim impact statement through gasping sobs, saying her baby was diagnosed with Laryngomalacia, a softening of the tissues of the voice box before Denig shook her.
“She was the best gift that God has ever given me,” said the mother. “I was so worried about her that I would stay up all night with her to make sure she was sleeping and breathing properly.”
The mother stated that Denig was not very involved with the baby and described rushing her to the hospital and praying that she would survive after being shaken.
“The only help I was getting was from my family. Roger still had very little to do with (the baby) and never showed interest in caring for her,” said the mother. “I was all about (the baby), and she was my number one priority.”
She concluded by describing what it was like to hold her baby as she passed away and explaining that her life is changed just as Denig’s is because of his alleged actions.
“All I wanted was to live a happy life with (my baby) by my side,” said the mother. “Not only did (Denig) change his life, but he changed mine. I don’t want this to happen to any other woman. (My baby) was my saving grace. I live for her, and she is now my angel baby.”
Winchester then called a defense witness, Gerald “Red” Pierce, who organizes jail and prison ministry, and told the court that he met Denig in a jail church service a few days after his arrest.
“(Denig’s) never had hate-filled (intent) toward anybody else in this situation. He is remorseful and is looking for a better option in life,” said Pierce. “He is also, just as much as anyone else, lost a beautiful, precious little baby, and to move on is what he seeks.”
Lemhi County Deputy Prosecutor Rocky Wixom recommended the plea agreement be upheld and noted it came about during a mediation hearing between the mother, her parents, Denig, their attorneys, and District Judge Dane Watkins Jr.
“Mr. Denig did, in fact, cause this death, and it wasn’t just out an un-attempt to resuscitate. There was a component of this that was anger,” said Wixom. “During the interview in the hospital, as I recall the very day that (the baby) passed, (detectives) were questioning him, and in part of his questioning, he volitionally explained that he has an anger problem. That he dealt with it in the past, but that he still struggled with it. Very shortly after that, his words were, ‘I think I caused this death.'”
Wixom explained that being a parent to a newborn is hard, and many people go through difficult times. Still, he said, there is no reason to abuse a child.
“I certainly know what it’s like to be a parent who is sleep deprived, up all night and having a fussy, struggling baby, and just being at your wits end,” said Wixom. “I just have to imagine, how could someone do this out of anger? Harm and then kill their child, and then, if they did that, justify themselves and tell themselves that they didn’t do it out of anger, that they did it to resuscitate.”
Winchester then spoke to the court, saying his client does not deny that he caused the death of the baby but disputes the intent behind it.
“If you go back and reference some of my prior filings, our position was there was a fall. Another caregiver had the child and accidentally fell with the child, and Roger witnessed that. Not malicious,” said Winchester. “It’s just one of those things that happened.”
Winchester also said he believes the interview police did with Denig at the hospital was “manipulative” and stated that Denig only had problems with anger as a child after he was placed into foster care and adopted.
“This wasn’t an ongoing problem, and when he admitted to having anger and frustrations in the context of everybody does, but he’s not an individual that has these problems,” said Winchester. “And as always, when somebody’s down like this, it’s easy to kick him.”
At one point, Wixom interrupted Winchester as he was discussing the baby’s injuries and referring to it as “a shake.”
“It’s not just a shake, counsel; it’s a very forcible shake to cause that kind of shearing in the brain tissue and do that kind of damage to the brain,” said Wixom.
Denig then read a statement to the court, apologizing for his actions and describing his love for his daughter.
“I love my daughter very much. Even before she was born, she became my world,” said Denig. “My family and the mother of my daughter’s family have suffered so much through this, and it hurts me so much to see so many people hurting and grieving. We all lost a lot that day. They lost a daughter and a granddaughter, and I lost the two most important people to me. I loved my daughter and her mother more than life itself.”
He continued, explaining that he has garnered a support system in jail over the last nearly two years and is working on bettering himself.
“I am fortunate enough that I have an amazing support team, and God as my savior, to help me through these hard times. God has been a huge part of my time in jail. I was raised in a Christian household and have known Jesus as my savior for most of my life,” said Denig. “This time that I have had in Lemhi County Jail had changed me, and I feel it has been for the better.”
Denig then asked Thompson for mercy and noted his hope that “this nightmare can end soon.”
“I would like to say that I am sorry for the pain caused by my actions. I miss my family and friends, and they miss me too, so your honor, I just ask for your compassion on me and my family,” said Denig. “We all lost something so precious.”
Before pronouncing the sentence, Thompson explained that these cases are becoming more common and that he has to try to deter others from ending up like Denig.
“We’re talking about a young man that has no prior record, but a very serious crime had occurred in the loss of a life,” said Thompson. “Unfortunately, these events are happening far too often. We have these so-called shaken baby cases, and it’s unfortunately, typically situations like this. Young parents, anger issues, frustration, not prepared to deal with the stresses of raising a small child. And unfortunately, the child suffers the consequences of that.”
Thompson noted that it’s hard to say how many people will be deterred from committing these sorts of crimes if they don’t keep with what is happening in their local courts.
“It may deter some people who read the paper and pay attention, and it may have some effect, but there’s always a question of just how do you deter the general public if they’re not paying attention to what’s happening in the court?” said Thompson. “These cases are or can be considered kind of bigger than all of us here in the courtroom.”
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