A Harrison Township man faces a probable longer sentence for abusing his infant son next week after the state Court of Appeals overturned a Macomb County judge’s 8-½ month sentence.
Collin Quint, who has completed the jail term, could be returning to jail or prison as he is scheduled to be resentenced Jan. 25 under a higher sentencing-guideline range, up to nearly five years, for inflicting serious injuries on his 9-week-old son in August 2018 after the state COA overturned Circuit Court Judge Richard Caretti’s 2021 sentencing.
In a related matter, the appeals court also overturned family court Judge Matthew Switalski’s decision to maintain Quint’s parental rights despite injuries that “required life-saving measures” due to brain trauma “consistent with signs of child abuse, possibly in the form of shaken baby syndrome,” according to a ruling last October.
Switalski signed the termination order Nov. 30.
The dual rulings pleased attorney Karen Russell, who is the guardian ad litem for the child.
“I think this is justice for the child and compatible with the law,” Russell said.
The criminal charge came after the child was taken to McLaren Macomb Hospital in Mount Clemens and transferred to Children’s Hospital in Detroit on Aug. 2, 2018. The child showed signs of injury that prosecutors said occurred while under Quint’s care.
Quint was initially charged with first-degree child abuse, punishable by up to life in prison. In March 2021, he pleaded no contest to a reduced charge of second-degree child abuse, punishable by up to 10 years in prison, in a plea deal with county Prosecutor Peter Lucido, which drew criticism from the Macomb Accountability Project on the claim it was too lenient.
At the sentencing in June 2021, Caretti reduced Quint’s sentencing-guideline range from 29-57 months to 0-17 months by removing scores for two “offense variables” in the formula to determine the range – the level of physical injury and whether Quint committed “aggravated physical abuse.”
Caretti called those decisions “an extremely close call” and “a very close call.”
He then sentenced Quint to the halfway point under the lower guideline range.
Macomb prosecutors appealed the ruling; Assistant Prosecutor Emil Semaan argued the case.
The appeals court said in its 9-page ruling it has a “definite and firm” belief the child’s injuries and the brutality of them warranted the higher guideline.
The judges pointed out Caretti did not have the transcripts from a civil parental-rights trial that provided details of the injuries.
“Despite the limited record evidence, we are left with a definite and firm conviction that the trial court erred by failing to assess 25 points for OV (offense variable) 3 on the basis of (the child’s) life-threatening injuries,” the judges said. “The treating physicians and experts presented by petitioner at the (parental rights) trial were all of the opinion that (the child’s) injuries were caused by nonaccidental head trauma, with several of them agreeing that the injuries could have been caused by violent shaking or a repeated, forceful back and forth motion.”
The child suffered brain and retinal bleeding, and “distinct injury to the brain parenchyma, and a possible ligamentous injury to his cervical spine,” the judges said.
Regarding whether Quint’s actions were brutal enough to be classified as aggravated, or “excessively brutal or consisted of torture or sadism,” the court also noted the definition of second-degree child abuse. It requires the defendant to “knowingly or intentionally commit an act likely to cause serious physical or mental harm to a child regardless of whether harm results.”
Quint’s attorneys, Art Garton and Denise Hirschmann, argued “the child did not suffer permanent, life-threatening injuries and that the abuse was not excessively brutal or consisted of torture or sadism,” the court says. The child’s mother also supported Quint.
In terminating Quint’s parental rights, the judges said, “The trial court (Switalski) erred by placing too much weight on the alleged bond between CAQ and father, as the bond was outweighed by the serious, life-altering injuries father inflicted and the risk of future abuse.”
The appeals court also pointed to other factors that go against Quint being allowed to continue as the child’s father, including his own testimony at the parental-rights termination trial.
“Incredibly, father testified he did not believe (the child) had any special needs, despite the numerous medical records, testimony, and services provided … clearly establishing the contrary,” the judges said.
They also point out Quint suffered brain injury when he got into a serious traffic crash while driving under the influence of drugs and alcohol following the incident.
“While the accident is concerning by itself, even more concerning is that father did not disclose to either his examining psychologist or psychiatrist that he was highly intoxicated when the accident occurred,” the judges said. “When his son was undergoing a plethora of services to address the injuries that the trial court found father had inflicted upon him, father elected to engage in behavior that was contrary to his well-being.”
Quint also is scheduled for a probation violation hearing Thursday on an alleged retail-fraud allegation.
He and the child’s mother are in the process of getting a divorce following a filing in December, according to Oakland County Circuit Court records.
