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INDIANAPOLIS – Marion County Prosecutor Ryan Mears announced Thursday a 35 year sentence with 20 years executed for Brandon Herring. Herring was convicted in October of aggravated battery which resulted in the death of his four-month-old son.

IMPD says on August 27th, 2021, their child abuse unit was working an investigation over a previously healthy 4-month-old baby that was unresponsive.

Herring said in his initial interview with investigators that the child was in his care before paramedics were called. He claimed that his son had choked on milk and stopped breathing. Herring then changed his story saying that he dropped his child and he fell on the floor.

Physicians at Riley Children’s hospital told police that medical scans showed injuries consistent with a baby that had been shaken. Medical records described the child’s injuries as “clear nonaccidental trauma” and physicians told detectives a fall would not explain the injuries.

When questioned about the medical scan by police Herring said “I lost my cool” before admitting to shaking his son.

“We have a duty to protect children from harm and create safe environments from them to grow,” said Prosecutor Mears. “The defendant failed to live up to that responsibility and the consequences were fatal.”