Nirschel pleads guilty to child abuse

Published Saturday, January 19, 2008

After pleading guilty via an Alford plea to third degree assault of his infant child, Robert Roy Nirschel will be released from jail Sunday.

Nirschel appeared in Otter Tail County District Court Friday before Judge Steve Cahill.

In an Alford plea, the defendant does not admit to the crime, but admits sufficient evidence exists for a guilty verdict. After a pre-sentence investigation, Nirschel will be sentenced Feb. 25. In exchange for his plea, he will receive a stay of imposition of a felony sentence.

He received a 120-day jail sentence, which will be complete Sunday, said Assistant County Attorney Michelle Eldien, who prosecuted the case.

Nirschel must also pay fines as ordered; have a psychological evaluation; serve five years probation; and have no unsupervised contact with the victim or any children under 18.

A CHIPS (Child in Need of Protection or Services) hearing to terminate Nirschel’s parental rights is pending. Counts two (third degree assault) and three (malicious punishment of a child) were dismissed. Attorney for Nirschel was Helen Ward Mc Pherson.

Nirschel was charged last fall with two counts of third degree assault, both felonies, for causing substantial bodily harm and for a past pattern of child abuse; and malicious punishment of a child, a gross misdemeanor.

Nirschel, 29, of Fergus Falls, was arrested Oct. 31. According to court records, from July 23 through Oct. 29, he used intentional and unreasonable force or cruel discipline on his child, then 3-months-old, resulting in substantial bodily harm to the infant.

A doctor’s findings from an examination in October revealed a fracture of the radius and ulna of the infant’s right forearm, consistent with shaken baby syndrome. The doctor also found evidence of an old fracture to the middle radius.

A witness reported seeing Nirschel on more than one occasion pick the infant up by the forearm, carry her into the living room and throw her on the couch, according to a criminal complaint.