A Daly City man who admitted to punching his 5-year-old stepson in the stomach was sentenced in San Mateo County Superior Court today to eight months in jail and four years of supervised probation. Judge Lisa Novak handed down the sentence to Michael Demata Miguel, 30, after the defendant pleaded no contest to one felony count of child abuse in August.
When Miguel’s stepson was taken to Seton Medical Center on April 26, 2010, the child was clearly in pain and vomiting bile and blood, according to the district attorney’s office. Medical staff who examined the boy said he had bruises on the right side of his body, an abrasion on his ear and was suffering from pancreatitis, prosecutors said.
The victim’s mother allegedly told staff that the boy was “clumsy” and that he often fell down, according to the district attorney’s office. Hospital officials summoned Child Protective Services and the Daly City Police Department to investigate. Defense attorney Charles Smith said today that Miguel cooperated with investigators, and admitted to hitting the boy in the stomach and chest, which caused him to fall backward onto a television rack.
The boy had been hitting his sisters and refused to take a nap, according to the district attorney’s office. Smith said his client was extremely remorseful and had been raised with corporal punishment. Novak ordered Miguel to start serving his sentence in San Mateo County Jail on Dec. 17.
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