Judge sentences Fineview man to 2-5 years in prison in toddler gun death
The prosecutor argued that Harrison Marshman Jr., who pleaded guilty to involuntary manslaughter in the death of a 22-month-old boy, ought to be sentenced in the aggravated range of the recommended guidelines because his behavior was “so extraordinarily reckless and dangerous.”
But the defense attorney presented evidence that his client is intellectually disabled, with an IQ of just 64, who did not intentionally harm the child.
Allegheny County Common Pleas Judge Anthony M. Mariani acknowledged the arguments of both attorneys and sentenced Marshman in the middle on Monday, sending him to state prison for two to five years.
“We can’t continue to condone the unlawful conduct of adults when children are the ones who pay the consequences,” the judge said. “That child paid the ultimate price for your mistakes.
“We can’t ignore that.”
Marshman, 31, of Fineview pleaded guilty in June to involuntary manslaughter and endangering the welfare of children. He was watching his girlfriend’s son, Josiah Gift Taylor, on Sept. 1, 2015, when he left his legally owned firearm on a couch in his apartment.