Man sentenced in child’s death

Monday, June 27, 2005 | 8:49 a.m.

A judge sentenced a Henderson man, whose 4-month-old son died after he violently shook him, to the least amount of prison time in her power saying "you have your own eternal punishment."

District Judge Jackie Glass sentenced John Schutts to 10 to 25 years in prison for one count of second degree murder that Schutts had previously pleaded guilty to as part of negotiations with prosecutors.

Glass' sentence came after several members of Schutts' family, including his wife and mother of the dead child, professed their love and support for whom they called "a good man, good father, and a good husband."

"As a judge I get to see very terrible things all the time, but I can say in the 2 and a half years I've been doing this, this is the worst," Glass said. "By all accounts Mr. Schutts, you are a fine man.

"Not only did the family lose a child, but at least for the next 10 years they will lose you."

Glass could have opted against following the terms of Schutts' negotiation and sentenced Schutts to 10 years to life in prison.

When given the opportunity to address the court, Schutts, 30, slowly stood up but couldn't overcome his pain and tears as he was unable to speak.

His wife, and mother of the deceased child, Carla Ealy, however, was able to muster the strength to tell him and the court how she feels.

"I do love you, I do forgive you," Ealy said. "I'm so sorry that this has happened."

Ealy said as she wiped away her tears with a tissue "this is not in John's nature to do this."

Schutts, an electrician, has a 2-year-old daughter with his wife and shares custody of her two boys that she had from a previous relationship.

"He put my children on the straight and narrow and loved them and they respected him like he was their biological father," Ealy said.

She said she wasn't making any excuses for Schutts' actions, but said it was a tragic mistake that she has trouble explaining to her children.

"My one child said 'Daddy made a mistake, why can't he have a second chance,' " Ealy said. "I don't know how to explain it to them, but I have to."

Schutts' lawyer, Deputy Public Defender Robert Amundson, said this was a tragic case of a hard-working man, father and husband who snapped under stress.

Amundson said in the days leading up to the death of his son, Schutts' wife had outpatient surgery. When she came home she suffered hemorrhages and even passed out due to blood loss, Amundson said.

The public defender said Schutts' wife was forced to have emergency surgery and upon returning home their 4-month-old son began crying.

He said Schutts "had no sleep for two days" and he succumbed to stress and snapped as he "grabbed the child recklessly."

Amundson said Schutts had no prior criminal history and as reflected by his guilty plea had "taken responsibility for doing something to his natural child."