Teen Babysitter Found Guilty In Death Of Child

BUFFALO, NY -- It took a State Supreme Court jury less than three hours Monday, to convict a Springville teenager of intentional murder for the beating death of a toddler he was babysitting last spring.

Dylan Schumaker, 16, faces a maximum sentence of up to 25-years-to-life in prison when he appears before Justice M. William Boller on January 10.

Schumaker was watching his girlfriend's son, Austin Smith, inside the Springville home they shared with Schumaker's parents last March when he admittedly lost his cool with the child, who was just four days shy of his second birthday when he died.

Schumaker, who took the stand in his own defense at his trial, testified that he had become frustrated with the child before slapping him, spanking him, and eventually slamming him on the floor and punching him several times in the head through a pillow.

Prosecutors said the child's injuries resulted in his death.

Despite the admission, Erie County District Attorney Frank Sedita III said the conviction didn't come easy…noting that in this case, jurors had to be convinced beyond a reasonable doubt that Shumaker "intended" to kill the toddler—which was something Schumaker insisted was never his intent while testifying.

"In cases of infanticide, that (intentional murder) is one of the most difficult things to prove for a prosecutor," Sedita told WGRZ-TV. "I think it's because of the way most people are wired…. it's very difficult for jurors to accept, and I think anybody to accept for that matter, that somebody would intentionally, volitionally, knowingly cause the death of an innocent child."

"We're not asking for a pass here," said Schumaker's lawyer, Joseph Terranova while awaiting the verdict on Monday afternoon. "My client knows there's a price to pay, but it should be for the appropriate crime."

During his summation on Monday morning, Terranova had urged jurors to convict on one of several less serious charges which they were allowed to consider which ---while likely resulting in his teenage client being incarcerated until middle age -- would have spared him a potential lifetime behind bars.

"Quite frankly I think it was the wrong verdict," Terranova said following the verdict. "But we'll just have to make the best of what we've got until we can have an appeal heard."

Terranova said that prior to the trial; his client had been offered a plea bargain to Manslaughter with a determinate sentence of 25 years, which could have resulted in his release in 21 years. However, Sedita denied that his office ever proposed such a deal.

"This was a baby killer, and we had a strong case," he said.

If Boller imposes the maximum sentence, Schumaker, who was tried as an adult, will not be eligible for parole until he is 41, and may never get out of prison.

Relatives of the deceased child wept following the verdict, not only for Austin Smith...but also for his now convicted teenage killer

"I felt justice was served but I also forgive Dylan because God would want us to and we have to move on," said Rita Little, the child's maternal Great Grandmother.

Austin Smith's maternal grandmother, Tracee Smith, added; "Dylan is 16 and his life is over basically before it started. I feel for his mother, I feel for his sister, and I feel for his family. Nobody comes out of this unscathed."

Schumaker bowed his head and looked at the defense table when the seven women, 5-man jury verdict announced its verdict. His attorney described his client's mood afterward as "subdued".