CHICAGO (CBS) — A father who bound his toddler with tape and posted a picture on Facebook was sentenced to probation on Friday.
Andre Curry was convicted in November of battery and was sentenced on Friday to 18 months probation. He had been jailed for 39 days before posting bond, but will not get more jail time because he has no prior criminal record.
He also has to attend parenting classes and undergo periodic drug testing.
Curry, 22, was charged with battery in December 2011.
He said he posted the picture of his daughter, bound with painter’s tape, as a joke.
Cook County Judge Lawrence Flood said he didn’t think prison time was appropriate, but he did scold the young father.
“In your rush to show everyone how funny you were, you used a helpless 22-month-old child as a prop,” Flood said.
Following a bench trial, Curry was cleared of a charge of unlawful restraint, but convicted him of aggravated domestic battery and aggravated battery.
He faced up to seven years in prison.
The widely viewed photo of Curry’s taped daughter, and its caption – “This is wut happens wen my baby hits me back” – inspired outrage and prompted the criminal charges.
Last March, Curry sat down with CBS 2’s Dorothy Tucker to talk about the incident. He showed off cell phone video of him reuniting with his daughter two months after the incident.
Tearful and remorseful, Curry said he wasn’t trying to hurt his daughter, and didn’t think about the consequences of his actions.
“I wasn’t thinking about it at the time. I wish I would have thought about it,” Curry said.