TYLER, TX (KLTV) - A Smith County district judge has approved a deferred adjudication sentence for a Tyler mother accused in connection with the broken femur of her 2-year-old son.
Kiara Beauford, 24, pleaded guilty to a third-degree charge of injury to a child on Aug. 2. Friday's hearing concluded the sentencing in Judge Kerry Russell's courtroom.
Beauford was arrested and charged with third-degree injury of a child after an investigation into the broken femur of her two-year-old son.
According to the arrest affidavit, the investigation began when Smith County deputies were dispatched to a home on Rhones Quarter Road on March 13, concerning an injured child. It was reported a caretaker has said the child had a chair fall on him causing his leg to fracture.
During the investigation, it was determined the child's injury was from abuse. According to the affidavit, an investigator talked with the doctor who treated the child who said the injury was not consistent with the claim of a fallen chair and someone had caused it.
The affidavit included a part of the doctor's statement: "In my medical opinion, this child is a battered child. He is a victim of ongoing physical abuse. If allowed to return to the current environment, there is a high risk of permanent injury or death."
The affidavit also stated that Beauford's phone was searched on March 14 and showed that Beauford called 911 an hour and 50 minutes after the assumed time of the injury. According to the affidavit, she called her husband 11 times, "in an attempt to determine what to do," before calling 911.
As part of her plea agreement, Beauford is not allowed to have contact with the child for the life of her sentence. She also must attend anger management classes.
Russell was hesitant to accept the plea but an attorney with the district attorney's office talked about his concern over the evidence and how a polygraph test which implicated Beauford is not admissible.
"We had to consider what's admissible," he said. "She has no criminal history. The facts are bothersome but if she makes even one mistake, she can go to prison for 10 years."
Beauford's attorney explained her case is still under CPS review, including for a baby she had two weeks ago.
While reviewing the file, Russell pointed out that the child had suffered a broken humerus in 2016, but CPS could not act on the case because Beauford was not the only one caring for the child. A doctor's report stated the injury was of the "violent, twisting" variety.
Beauford's attorney said she and her family, who attended the hearing, were willing to attend counseling and be cooperative.
Russell made sure Beauford was aware she could not have contact with her son for the life of the sentence.
"I just want to take responsibility for what happened," Beauford said.