Thursday, December 04, 2008

Morristown: Prosecutors yesterday told a judge they want Khac Tam Nguyen to spend the maximum time allowable for assaulting an 11-month old boy - 10 years.

And if the infant dies from injuries suffered in that assault, prosecutors say they will take steps to see her stay behind bars much longer.

Assistant Prosecutor Brian DiGiacomo told Superior Court Judge Thomas V. Manahan, "In the unfortunate event that this child should die as a result of this assault, the state will seek an indictment for criminal homicide."

Morris County Prosecutor Robert Bianchi, after the plea agreement hearing, said, "My heartfelt sympathies go out to the family."

"The defendant pleaded guilty to the maximum charge and maximum state prison sentence for this tragic case exposing her to a 10 year term of incarceration 85 perfect of which must be served before parole eligibility. While this is the maximum sentence that we can legally ask for at this time, we have ensured that in the future if this child were to die as a result of the injuries sustained from this incident that we will in all likelihood charge additional criminal homicide charges that the defendant will have to answer to," Bianchi said.

Nguyen was charged with second degree aggravated assault and second degree endangering the welfare of a child after Mount Olive police responded to a 911 call on Dec. 27, 2007 and discovered an 11 month old victim with serious injuries. Nguyen was babysitting the child along with her two children on that date when the assault occurred.

She is scheduled to be sentenced on Jan. 22.

Media Contact: Agent Bill Swayze