A Panama City man is sentenced to four years in prison, far less that what his ex-wife was praying for.
The family of Emory Foxworth pleaded for Judge Elijah Smiley to give the child's father, Timothy Foxworth, the maximum punishment.
Twenty-four-year-old Timothy Foxworth nearly killed his infant son, during a beating in December 2011.
"It tears me apart sir,” said Foxworth. “Every night, I can't stop thinking about it, day and night. It's all I think about."
Doctor's said the infant suffered five skull fractures and a brain injury.
"My son will never be normal,” said Shelby Foxworth, Timothy’s ex-wife. “He will battle cerebral palsy and life-long and life-threatening seizures and possible future surgeries. Because of this man, my son can't walk, can't crawl."
During this month's trial, jurors found Foxworth guilty of child abuse, instead of aggravated child abuse, which would have carried a possible 30 year sentence.
Taking into account his lack of a prior record, Judge Smiley sentenced Foxworth to four years in prison.
"We're delighted Judge Smiley didn't do a departure sentence and went with department of corrections. Obviously, disappointed he wasn't convicted as charged as aggravated child abuse,” said Assistant State Attorney Jennifer Hawkins. “But, we were seeking the max and believe this case warranted the max sentence."
Foxworth also loses his parental rights and will have to pay restitution for Emory's medical bills.
Shelby Foxworth once again pointed-out her ex-husband will pay for his crime for four years, but his actions will be with Emory or a lifetime.