By Jim Hannah
The Cincinnati Enquirer

NEWPORT - A Campbell County judge followed a jury's recommendation and sentenced a Newport man to 10 years in prison Thursday for fatally shaking the 3-year-old daughter of his girlfriend.

A jury found John Burton III of Newport guilty of second-degree manslaughter.

Campbell County Commonwealth Attorney Jack Porter said he was happy the judge sentenced Burton to the maximum but disappointed the jury didn't find the Newport man guilty of the more serious charge of wanton murder. Wanton murder carries a penalty of 20 to 50 years in prison or life.

Porter contends it was wanton murder because he says Burton had shaken the baby a month before the death and lied about it.

Porter told jurors during the two-day trial that Burton, who was 21 at the time, felt overwhelmed taking care of Jasmine and her 3-month-old sister at their Newport home, where he lived with the girls' mother, Trisha Hall.

Jasmine died at Cincinnati Children's Hospital Medical Center on her third birthday. She had been rushed there the day before after being found unconscious at her home. Doctors said she died of brain trauma caused by shaking.

Shaken baby syndrome is a severe form of head injury that occurs when a child is shaken forcibly enough to cause the brain to bounce against the skull.

Defense attorney Pat Walsh conceded that Burton caused the girl's death, but said it was an accident. He said Burton was a professional wrestling fan and was just play wrestling with the child.

This is the third shaken baby case Porter's office has prosecuted. Two years ago a man pleaded guilty and received 17 years after a baby he shook suffered brain damage. The third case is pending.

E-mail jhannah@enquirer.com