Jacob Marbury’s parents, Joshua Marbury and Alicia Quinney, posted this photo on Facebook to show the abuse they say he suffered at the hands of his babysitter. (Facebook)
An Oregon couple says the babysitter who brutally abused their 1-year-old son was not charged because the baby boy wasn’t able to tell police what happened.
Jacob Marbury was left with bruises on the head after he was hit in the face in March by a family friend who was caring for him, his parents, Joshua Marbury and Alicia Quinney say.
Joshua Marbury turned to Facebook to call attention to the case after becoming frustrated with the way it was handled. His post has not been shared more than 200,000 times. He said the abuser confessed, but that wasn’t enough for charges.
According to The Oregonian, prosecutors say the suspect is protected by a 2012 Oregon Court of Appeals ruling that made it more difficult for charges to be pressed against a victim who cannot speak.
Quinney and Joshua Marbury were told on May 20 that the case had been dropped. The babysitter’s name hasn’t been made public by authorities or the couple.
Alicia Quinney wrote on Facebook, “They have to be able to prove substantial pain to be able to prosecute even tho the Deputy D.A. says they know the babysitter did it. They can’t prove substantial pain because baby Jacob can’t speak. Social media can help at times and this is one of them. We need to be Jacobs voice. If you feel in your heart to share please do.”
UPDATE — The suspect, Markell Deon Hilaire, has been arrested. Read more about him and the arrest at the link below:
Here’s what you need to know:
1. Jacob’s Parents Say the Babysitter Slapped Him in the Face & ‘Could Have Killed Him’
Jacob Marbury. (Facebook)
Jacob Marbury was hit across the face, his father, Joshua Marbury, wrote on Facebook. Joshua Marbury said multiple doctors and the detective investigating the case said the abuse “could have killed him.”
The abuse of Jacob occurred in March, just after he turned 1, his mother, Alicia Quinney wrote in a Facebook post.
“His babysitter hit him, dragged him & smothered him. Little Jacob was in two hospitals and went thru a multitude of tests,” Quinney wrote. “By the grace of God little Jacob is alive. His 3 year old sister is in counseling due to witnessing this horrific assault to her baby brother. The babysitter admitted to doing this to baby Jacob to the investigator.”
Joshua Marbury, a car salesman, and Quinney, a stay-at-home mother to Jacob and their daughter,live in Sherwood, Oregon.
“After several days if not week of being distracted at my job (only commission sales job and only source of income) we had a confession from the abuser saying they did it,” he wrote on Facebook. “STILL this person was not arrested because they had to build a case and a jury to find him guilty BEFORE they go to jail.”
2. Joshua Marbury Says the Case Was Dropped After 2 Months of Investigation
Alicia Quinney, Joshua Marbury and their daughter. (Facebook)
Joshua Marbury said he and his girlfriend, Alicia Quinney, waited two months until they heard from the district attorney’s office that the case was being dropped.
“After TWO months of waiting we only find out that charges are dropped BECAUSE my one year old cannot tell you verbally he was abused and my son did not show he was in pain OR that this person “intentionally” did this,” Marbury wrote on Facebook.
Marbury said Washington County Deputy District Attorney Dustin Staten included a link to an Oregonian story headlined “Even pets are better protected than young kids under Oregon abuse laws, prosecutors say,” in an email about a case.
The law says prosecutors must prove a victim suffered a “physical injury,” which means showing a child experienced “substantial pain,” according to The Oregonian. But prosecutors said that is hard to prove when victims can’t talk about the pain or suffering the assault caused. The Oregon Court of Appeals has also ruled welts, bruises and shallow cuts are not enough proof, the newspaper reports.
“A dead body cant tell you who killed them. Yet a baby isnt held to the same standard because he cant talk???? Well neither can a dead body. THATS BLASPHEMY. You waited 2 months if not longer to tell us this???? Something needs to be done. NOBODY can just hit a child and more to just get away with it because the child cant verbally tell you,” Marbury wrote.
You can read Marbury’s full post below:
(Facebook)
Oregon attorney Paul Mones told KATU-TV he sees issue with the 2012 ruling cited by prosecutors.
“It’s giving a license to those abusers to injure children. If those children were in California, for example, or across the border — across the bridge up in Washington, that would not be the situation because the mere fact of the presence of bruises. The mere fact of the presence of scratches, etc. is an objective indicator of the injury,” Mones told the news station. “To really look at the issue of whether a person can verbalize the emotional pain or can verbalize ‘Oh, I can’t move my arm’ is really against everything we know about modern understanding of child abuse and the effect on children.”
Alicia Quinney wrote on Facebook, “This person did MORE then slap him across the face. Our son was beat up, dragged and strangled. THIS INNOCENT LITTLE BABY. We were told charges WOULD be pressed and now they aren’t because our ONE YEAR old can’t use his words and express how much pain he was in. We have gone through and ARE still going through hurt and this poor baby boy has experienced SO MUCH trauma. Now our daughter who his 3 years old is having to go to counseling because of this sick person who BEAT UP OUR SON!!! NO ONE should be able to get away with this. Oregon law pays WAY more attention to animals who are abused then BABIES.”
3. The Prosecutor Says the Photos Have Caused Him to ‘Want to Take a Different Path’
Alicia Quinney and her son, Jacob Marbury. (Facebook)
Washington County Deputy District Attorney Dustin Staten told The Oregonian he had not seen the photos until they were posted to Facebook by Joshua Marbury. But Staten said investigative photos were taken during the investigation.
“Seeing those photos has caused me to want to take a different path,” Staten told newspaper. “There’s additional people I need to consult with based on those photos I’ve seen today.”
His office told KATU-TV they are continuing to evaluate the case.
“His whole face, arm, back… [there were] bruises everywhere! He was screaming! He was crying! How does a baby communicate? They cry,” Jacob’s mother, Alicia Quinney, told KATU. “It’s not fair and I want my son to have justice and I want everybody else who is dealing with this to be able to come forward and be the voice for the people that need help.”
4. Jacob’s Parents Say the Abuse Has Left Him Emotionally Scarred
Jacob Marbury. (Facebook)
Alicia Quinney said her son Jacob Marbury’s physical injuries have healed, but his emotional wounds remain. She said he has been scarred emotionally by the abuse.
“He’s always been a mama’s boy, very much,” she told The Oregonian. “But since this happened he’s been a mama’s boy times 100.”
Quinney told the New York Daily News, “He definitely recovered from the bruises, but inside, this is gonna follow him.”
She said she has also lost faith in other people as a result of the abuse.
“My trust with so many people is shot,” she told The Oregonian. “This isn’t something we can move on from.”
5. A Petition Has Been Started to Have the Law Changed
Alicia Quinney and Jacob Marbury. (Facebook)
A petition has been started to call for a change to the law that prosecutors say protects child abusers.
“We want everyone to share and sign this petition so that there can be justice for Jacob,” writes Mackenzie Fry, who started the petition on Change.org. “The goal is to reverse the law making it easier to convict child abusers. It will take the Oregon Supreme Court to ultimately overturn the ruling on Jacob’s case. We want the Oregon Supreme Court to review this case and serve justice to the abuser.”
Alicia Quinney, Jacob Marbury’s mother, shared the petition on Facebook on Sunday, writing, “Here we go guys! Let’s ALL make this change together ??? #justiceforjacob.”
Quinney’s sister also set up a GoFundMe page to help with the expenses related to the abuse.
“I am hesitant to do this because of the wrong perception but the outpouring support from all of you requesting to donate and for all of you who have requested us to start this fund,” Kayla Quinney wrote. “These funds will be used to help the family with household expenses, counseling for Jacob’s sister Jaylynn and any future attorney fees. Alicia is a stay at home mom and Josh has a commissioned based job. Any donations are greatly appreciated.”
