Hayley Butler booking mugshot.

Hayley Butler booking mugshot. Submitted Photo/The Tribune-Democrat, johnstown, Pa.

EBENSBURG – A Johnstown woman sentenced to state prison for the death of a 10-month-old child filed a motion Tuesday to withdraw her plea and asked a judge for a revised sentence.

Police said Hayley Butler, 24, of Clover Street, was watching her boyfriend’s child, Brennon Everett, on Aug. 14, 2014, when the boy was injured.

Medical experts said the child suffered a severe brain injury, four broken ribs, retinal hemorrhaging in both eyes and other injuries. He died a few weeks later at Children’s Hospital of Pittsburgh of UPMC.

Police said Butler gave different versions about how the child received those injuries and was eventually charged with homicide, aggravated assault and endangering the welfare of children.

In October, Butler entered a no-contest plea to third-degree murder.

In December, Judge David Tulowitzki sentenced her to 10 to 25 years in state prison, despite a recommendation from assistant district attorney Joseph Green for a sentence of six to 25 years due to information Butler provided to the district attorney’s office.

Since her sentencing, Butler dismissed attorney Lucas Kelleher and hired attorney Mark Zearfaus of Altoona, who presented the new motions.

Butler testified that she felt Kelleher gave her a false impression of what her sentence would be and that she felt pressured to enter a plea rather than head to trial.

“I felt that I was coerced into my plea for several different reasons,” she said.

Butler said she understands that if her withdrawal is accepted, she will go to trial and could be sentenced to life in prison if convicted.

“I’m innocent of the charges,” she said.

Zearfaus filed a motion asking Tulowitzki to lessen Butler’s sentence because she has two children of her own. Tulowitzki said his sentence was within the original plea agreement offered to Butler, which included a recommended minimum of six to 13 years.

“Recommendation doesn’t mean guarantee,” Tulowitzki told Butler.

Chief Deputy District Attorney Scott Lilly objected to both motions and pointed out that Butler was asked during sentencing if she was forced into her plea, if she was promised anything besides the plea agreement and if she was satisfied Kelleher’s work.

“She was given her opportunity the day of sentencing,” Lilly said.

Tulowitzki did not rule on either motion and said he plans to issue a decision in the near future.

​Jocelyn Brumbaugh is a reporter for the Tribune-Democrat. Follow her on Twitter @JBrumbaughTD.

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