Kenneth Burchett will serve no more jail time for neglecting his infant grandson, after agreeing to testify at trial against his son and the child's mother.
The 44-year-old Burchett, currently a resident of Wellsville, Ohio, pleaded guilty Wednesday in Hancock County Circuit Court to child neglect resulting in death. The proceedings took place before Judge Martin Gaughan.
Kenneth and Kristopher Burchett and Amanda Dawn Goodman each were indicted in connection with the Feb. 1 death of 4-month-old Brandon Burchett in Chester.
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Kenneth Burchett stands to be sworn in during a plea hearing Wednesday in Hancock County Circuit Court. He is joined by his attorney James Carey, right, and Robert Gaudio, defense counsel in an unrelated case.
Following Kenneth Burchett's guilty plea, Gaughan sentenced him to three to 15 years in prison, suspending the prison term in lieu of three years supervised probation. In accordance with the plea agreement, Burchett will serve the first 60 days of his sentence on house arrest with work release privileges.
Hancock County Assistant Prosecutor David F. Cross said Kenneth Burchett's case was "somewhat unique" because a grand jury directed the prosecutor's office to prepare an indictment after hearing the evidence against the child's parents, Goodman and Kristopher Burchett.
Kenneth Burchett owns the Fairview Road, Chester, home, where the infant lived. However, Cross said he felt the terms of the plea agreement were "appropriate, in light of the fact that the primary responsibility of caring for the child is that of the parents."
Goodman, 32, and Kristopher Burchett, 27, each had been scheduled to stand trial beginning Wednesday, but those proceedings were continued to allow defense attorneys to review Brandon's autopsy results and arrange for the defendants to undergo psychiatric evaluations. Gaughan is expected to set new trial dates for the pair during a status hearing Sept. 27.
Cross said Kenneth Burchett's testimony would establish that both the child's parents lived with him in the home, as well as rebut Kristopher Burchett's claims he was not at home during the two hours that reportedly passed between Goodman finding their son not breathing and Kristopher Burchett's 10:31 a.m. 911 call.
During Wednesday's plea hearing, Cross said living conditions in the home owned by Kenneth Burchett were "deplorable."
"It was in complete disrepair, and the temperature in the house was about 40 degrees," he said.
When Gaughan asked Kenneth Burchett to explain his role in the crime, Burchett replied softly, "What Mr. Cross said is right."
Gaughan granted Cross' motion to have Kenneth Burchett's continued cooperation in the case incorporated into the terms of his probation. He also must register with West Virginia State Police to be listed on West Virginia's child abuse/neglect registry within 72 hours.
The criminal complaint in the case states preliminary autopsy results revealed no traces of food in Brandon's system, and that the baby's diaper hadn't been changed in at least two days. Two other children, ages 1 and 2, were removed from the home and placed in the care of other family members.
Goodman remains lodged in the Northern Regional Jail on $50,000 bond, while Kristopher Burchett is on monitored house arrest at his uncle's home.