PRESCOTT — A Prescott Valley man accused of first-degree murder in the death of his girlfriend's 5-year-old son was acquitted of that charge.
Jesse Herrera, 26, was instead found guilty on two counts of negligent child abuse not likely to produce death, the lesser of two child-abuse charges the jury considered. He could face probation to four years in prison, but a prosecutor said he will likely be released at sentencing because he has been jailed for three years awaiting trial.
Herrera was accused of killing Caelob Gardner in February 2005. Prosecutors contended that Herrera inflicted a fatal brain injury on the boy in a fit of anger.
Herrera said he was roughhousing with the boy when he hit his head on the carpet and collapsed.
His lawyers told jurors that the child's mother had hit him two hours earlier and caused the initial injury.
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The three-week trial concluded Friday, and jurors deliberated a day before returning the verdicts Monday.
Herrera's lawyer would not comment. Assistant Yavapai County Prosecutor Ethan Wolfinger said after speaking with jurors that they had questions about how the boy was injured and when the injuries occurred.
