A Bethany resident who allegedly caused a brain injury to a toddler appeared in Genesee County Court for his plea cutoff today.
Anthony P. Dibble, 25, did not enter a guilty plea to reckless assault of a child, a Class D felony. According to Assistant District Attorney Will Zickl, the plea could have reduced his prison sentence from seven years to four-and-a-half years.
The pending plea deal expired today at 9:30 a.m. and there will no longer be the opportunity for a deal. The case now goes to trial.
Dibble is accused of causing serious brain injury to a child less than 5 years old by shaking or slamming the child's head on a hard surface or object during an overnight visit in August 2014. He drove the child to United Memorial Medical Center and then the child was flown by Mercy Flight to Women & Children's Hospital of Buffalo to undergo surgery. Dibble is the child's biological father but the child doesn't live with him.
The trial date is scheduled for Sept. 28.
