A Duncansville woman charged with using scarves to "hog tie" a supposedly unruly grandson will spend at least 60 days in Blair County Prison, President Judge Jolene G. Kopriva ruled Monday.
"We do not treat children this way in our society. We just do not," Kopriva said to Evelyn Cecelia Himes, 49, of 2666 Old Route 220.
Himes entered a no contest plea to charges of endangering the welfare and simple assault of the 5-year-old. They were filed after a state police investigation of an incident that occurred March 26, 2012, at the grandmother's home
Kopriva sentenced Himes to 60 days to two years, minus one day, in prison. The sentence was fashioned so Himes can serve her sentence in Blair County.
The jail sentence, to begin on June 6, will be followed by three years' probation.
Himes, when interviewed by police, denied she was responsible for red marks on the boy's wrists.
Kopriva pointed out to Himes that as a judge she placed the child in Himes' care when the youngster could no longer live with his mother.
She said she removed the boy from Himes' custody after charges were brought.
After reviewing the facts of the case, Kopriva concluded, "What cannot be denied is [the child] had injuries, and no one can say, 'Here's what happened. ... Here's what occurred.'"
Kopriva said that Himes was not a "totally wicked woman" but said she was "misguided."
She said the grandmother must have felt "desperate" as she attempted to address the child's alleged unruly behavior.
Himes' children, including a grown daughter, who was the boy's mother, depicted her as "the strong one" in the family, with everybody laying their problems on her.
Himes still has minor children of her own at home.
She presented Mother's Day cards to demonstrate the love and respect her own children have for her.
Her attorney, R. Thomas Forr Jr., said the cards "speak for themselves."
"Maybe it [accepting so much responsibility] was too much to handle," said the judge.
The 5-year-old child eventually was placed in a foster home by Blair County Children Youth and Families.
Kopriva said that from the day the child was removed from the custody of his grandmother, he was not aggressive, did not act out and has been no problem.
What the boy needed, the judge said, was to be treated with love.
Police presented the judge with a picture of the child as he demonstrated how he was tied up by his grandmother. His arms were behind his back, and his ankles were secured together.
The criminal complaint stated that Himes tied up the child while she went to a local methadone clinic.
The boy told a caseworker his grandmother hit him on the head with a spatula and pulled his hair in past incidents.
The caseworker reported the boy's head was "tender" and he wouldn't let anybody near his head, the criminal complaint stated.
Mirror Staff Writer Phil Ray is at 946-7468.