A man prosecutors say knew or should have known his wife was severely abusing his son was sentenced to three years in prison Wednesday.
Judge Clayton Davis sentenced Murry Day, 34, to five years, with two years suspended, and three years’ probation. Day, who was in jail for 11 months after his arrest in March 2010, was given credit for time served.
In November, Day pleaded no contest to being an accessory after the fact to second-degree cruelty to a juvenile.
“I think the sentence is perfectly fair,” prosecutor Lori Nunn said. “Judge Davis is a good judge. He had the benefit of a presentence investigation report with Murry Day’s background. He had the benefit of sitting through the trial of Jaime Day, and I think he gave a good, measured, thoughtful sentence.”
Jaime Day, 31, Murry’s ex-wife, was found guilty in November of second-degree cruelty to a juvenile. Davis sentenced her in December to 30 years in prison. She is housed in the Louisiana Correctional Institute for Women in St. Gabriel.
Jaime Day’s stepson testified during her trial that she starved him, hung him upside down by his ankles and tied him to a bed with Saran wrap, in addition to other abuses.
When the 9-year-old boy was found, he reportedly weighed 38 pounds, was badly bruised and had hair growing all over him from malnutrition.
Although Murry Day did not abuse the boy, he knew or should have known the abuse was going on, Nunn said. She said Murry Day was less culpable because he was often out of town working. He also cooperated with authorities, she said.
“We did give some leniency because he has a very limited mental capacity, which affected his ability to react,” Nunn said. “But at the same time he should have done more than he did, and I think he knows that.”