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7-year sentence handed down in shaken baby case tied to video game

7-year sentence handed down in shaken baby case tied to video game

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A Bismarck man who shook a 2-month-old baby after becoming enraged by the outcome of a video game was sentenced Tuesday to seven years in prison.

Andrew Procive, 28, also will have to register as an offender against children and spend three years on supervised probation after his release.

Procive was arrested in January after authorities were notified that the child had suffered severe head injuries, according to an affidavit. The girl had been in Procive’s care during the day and appeared normal when the child’s mother spoke to Procive in a midday video chat.

Procive lost his temper while playing a video game and allegedly shook the child three times, at one point slamming her into a couch and mattress when he could not get her to stop crying, police said. The baby was flown to a Fargo hospital for treatment. Some of her injuries are permanent, Burleigh County State’s Attorney Julie Lawyer said during Procive’s sentencing hearing.

“He was out of control with rage and took it out on the most helpless person that he could find,” Lawyer said. She recommended a 10-year prison sentence with all but five years suspended.

Defense attorney William Thomason asked for a sentence of 10 years with all but three years suspended, saying his client cooperated with law enforcement and is remorseful. Thomason did not immediately respond to a Tribune request for comment.

A presentence investigation showed that Procive “can be expected to have serious anger problems that influence him in most or all areas of his life on a daily basis,” South Central District Judge Douglas Bahr said. Procive was in a position of trust “with the most precious thing a person can have, their child,” the judge said.

He ordered Procive to pay the child’s medical bills but noted that Procive’s employment history made it seem “extremely unlikely” that he’ll ever make financial restitution.

“And of course it’s impossible to make restitution for the harm to the child, the emotional harm to the mother,” Bahr said.

Procive in August pleaded guilty to felony child abuse. He told officers at the time of his arrest that he suffers from angry blackouts and is unable to control himself, according to an affidavit.

Procive received credit for about 10 months served since his arrest.

Reach Travis Svihovec at 701-250-8260 or Travis.Svihovec@bismarcktribune.com

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