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Sentence cut in half for man who killed toddler

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By Mark Gokavi, Staff Writer 9:20 PM Friday, February 10, 2012

XENIA — The Fairborn man who pleaded guilty to killing his girlfriend’s 2-year-old daughter saw his sentenced cut by about half this week in Greene County Common Pleas Court.

Brian LaPrairie, 26, was sentenced in 2009 to 22 years for involuntary manslaughter, felony child endangering, having weapons while under disability and trafficking in marijuana.

But an Ohio Second District Court of Appeals opinion released Thursday led to LaPrairie’s sentence shrinking to between 10 and 12 years for beating Juliana Berry to death on Dec. 27, 2008.

The appellate court ruled that two counts were allied offenses, so Greene County Prosecutor Stephen K. Haller decided to go forward with the one that Judge Stephen A. Wolaver ruled was a 10-year mandatory term and drop the other count.

“The defendant certainly was satisfied that the court of appeals followed the law appropriately,” said Lawrence W. Wilkins, law partner of Thomas Kollin, who served as LaPrairie’s attorney. “He realizes that he still has a considerable time of incarceration.”

The total sentence is 12 years of which 10 is mandatory. “I’m just so angry right now at the (Ohio) Second District Court of Appeals that I can’t give you (another) quote that’s printable,” Haller said last May, when the appellate court made its decision.

The appellate court ruled that Wolaver erred in not allowing a defense motion to suppress evidence seized after police responded to a 911 call and also erred by not determining whether sentencing merger exceptions applied.

The appellate court ruling written by Judge Thomas J. Grady said the loaded gun, drugs, digital scales and drug paraphernalia found in LaPrairie’s home was during an illegal search by Fairborn police. LaPrairie filled out a search consent form, but only after officers had been in the residence at 233 Pat Lane asking questions.

“At this point, Mr. LaPrairie’s resources and ability to continue to fight those charges are no longer as available as they previously were,” Wilkins said. “So he did compromise as well with the state to two additional years for the gun charge.”

Haller said Montgomery County Chief Deputy Coroner Dr. Lee Lehman said Berry died from blunt force trauma to the head and had “Battered Baby Syndrome” showing previous injuries.

Berry’s mother, Malak Deek, was sentenced in March 2010 to six months in jail for misdemeanor child endangering. Deek and LaPrairie also have a daughter together.

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