BANGOR, Maine — A Superior Court judge on Friday found Dustin Brown guilty of manslaughter in connection with the death of his 3-month-old son, Xander Brown, on Nov. 25, 2012, according to his attorney and the Maine attorney general’s office.
Sentencing was set for Feb. 26.
Brown, 22, of Bangor faces up to 30 years in prison and a fine of up to $50,000. He remains free on bail.
Superior Court Justice William Anderson announced his decision at the Penobscot Judicial Center, where he presided over Brown’s trial in November and December. The judge did not file a written decision.
The judge found that Brown was criminally negligent in caring for his son, defense attorney Hunter Tzovarras of Bangor said after the verdict was announced.
Tzovarras did not specify the sentence he would recommend but said it would be “the low range.”
“We’re very happy with the court’s decision,” Assistant Attorney General Deb Cashman, who prosecuted the case, said Friday. “Clearly he listened to all the testimony and carefully assessed the medical evidence.”
Cashman said she did not know what she would recommend at sentencing.
Anderson was scheduled to announce his verdict Dec. 10. Instead, he met with attorneys and heard further arguments Dec. 31 outlining the proof presented at trial about what Brown’s state of mind was at the time of his son’s death.
Experts for the prosecution during the trial said the baby died of bleeding and tearing in his brain, an injury most likely caused by violent shaking. A defense expert said he died of cardiac arrest after choking on formula.
Brown, who did not take the stand, told police he was alone and feeding his son when the baby suddenly went limp. The infant’s mother, Alaina Cain Stacy, now 19, of Bangor, testified that Brown told her he had been feeding Xander, and when he went to burp him, Xander’s head struck his chin.
Stacy was unable to be at the courthouse Friday, according to Cashman.
“The state is not required to establish a specific death-causing action that proves Dustin Brown caused his son’s death,” Assistant Attorney General Deb Cashman told Anderson on Dec. 31. “A reasonable inference can be drawn from testimony that he caused his son’s injuries.”
She also said Brown’s conflicting statements to police and the baby’s mother proved he was trying to conceal that he caused the baby’s death by jerking or shaking him “violently.”
“For you to conclude from Dustin’s statements that the state has proven the required [state of mind] to convict him would be quite a stretch, your honor,” defense attorney Hunter Tzovarras of Bangor argued Dec. 31.
Tzovarras, who is representing Brown with Marvin Glazier of Bangor, also told Anderson there was no evidence his client ever expressed frustration or anger with the baby before his death.