Baby Assault Court Decision 28 Nov 12

A judge has denied a request from prosecutors who wanted tougher charges against a Hutchinson woman accused of trying to suffocate her 5-month-old son. Katie Elaine Lewis was charged with 3rd-degree assault, child endangerment and domestic assault by strangulation after hospital surveillance video allegedly showed her using her fingers to press her baby’s nose shut until he went limp. Prosecutors wanted to upgrade the 3rd-degree assault charge to 2nd-degree assault with a deadly weapon, which carries a stiffer penalty. They claimed that Lewis’s hand constituted a deadly weapon. The Defense argued that a hand is not a dangerous weapon, and the judge agreed.