Mary Applegarth, 42, Claremore, pled guilty on March 27 in Rogers County to child abuse by injury, a felony.
Judge Dynda Post heard sworn testimony Jan. 1 and found probable cause existed to charge Applegarth, according to court records. District Attorney Janice Steidley filed charges on Jan. 15 stating, Applegarth, “on or about the 23rd day of December 2012, by willfully/maliciously injuring [name omitted], who was one years old at the time, by grabbing and throwing him causing injury.”
“This crime is punishable by imprisonment for not more than life, or by a fine of not less than $500 nor more than $5,000, or both fine and imprisonment,” according to the court documents.
Applegarth was booked in the Rogers County Jail on Jan. 15 with a $200,000 bond.
On March 27 Judge Dwayne Steidley accepted Applegarth’s plea agreement with the District Attorney’s office.
Applegarth was sentenced to a five year suspended sentence with the Department of Corrections and 90 days in the Rogers County Jail, with credit for time served.
With a suspended sentence, the suspect is convicted of a crime, but is on probation for all or part of the sentence; it is suspended so they do not have to go to prison for that amount of time, as long as the conditions of probation are satisfied, according to www.okbar.org.
Applegarth was released from custody on March 27 and was assigned to DA supervision for one year.
The court ordered Applegarth to pay a $300 fine, $50 victim’s compensation assessment and the cost of the action including a monthly supervision fee to the DA’s office, according to the records.
Applegarth is required to stay away from the victim and register in accordance with the Mary Rippy Violent Crime Offenders Registration Act, that registration was completed on April 1 with the Claremore Police Department.
The case is set for judicial review on March 6, 2014 at which time the court could consider modifying the sentence to be deferred, remove the violent offender registration requirement and allow Applegarth to see the victim, according to court records.
A deferred sentence is a sentence that is suspended until after a defendant has completed a period of probation. If the defendant fulfills the stipulations surrounding probation, a judge may then throw out the sentence and guilty plea, clearing the incident from their the defendant’s public record.