A man who abused and neglected a 9-month-old baby boy was given 10 years shaved off his sentence.
A jury originally sentenced Ganey Fairley to 30 years in prison but the appeals court said Fairley deserved a new sentence. He got 20 years.
Comorion Marshall’s mom said she turned to the court system for justice but said her son did not get it.
Comorion Marshall is now three years old. His mom said he is a happy baby, who loved to laugh and play but in 2017 he was fighting for his life.
“I think about my son every day. How good he is doing but he is a little delayed because of how everything has been," said Comorion’s mother, Chelsey Marshall.
Chelsey left Comorion and two of her other kids with her boyfriend Ganey Fairley in March of 2017. When she got home, Comorion was unresponsive. Fairley told her he fell with the baby, shook him to wake him up and instead of calling 911, waited for Chelsey to come home. A jury found Fairley guilty of child abuse and neglect in November of 2017 and sentenced him to 30 years in prison.
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"This is a case that has been going on for three years now and it feels like it just happened," said Marshall. “It is never going to be okay.”
Fairley appealed and the Court of Criminal Appeals said the conviction should stand but he did deserve a new sentence. Prosecutors offered 20 years and Fairley accepted.
"He has an opportunity to live a life, you know? Which he shouldn't be able to do because he almost took my son's life. He should have to pay for that," said Marshall.
Chelsey said she is speechless by the decreased sentence, but she said all she can do is focus on the fact her son is still alive.