Austell man charged in the beating of his infant son
by Marietta Daily Journal Staff
April 03, 2013 08:20 AM | 9835 views | 13 13 comments | 11 11 recommendations | email to a friend | print
An Austell man has been indicted on charges that he beat his 8-week-old old infant son so severely that the baby was left blind and with several broken bones.

The grand jury indictment alleges that Joseph Rucker McFall, 30, of 6313 Wellington Way shook, threw and hit the infant, causing traumatic injuries between Aug. 30 and Oct. 29 of last year. The incident is alleged to have happened inside the home where McFall was living at the time with the baby and the baby’s mother. It is not known if the mother was at home at the time of the alleged beating.

“I believe they were married at the time,” said Kim Isaza, spokeswoman for Cobb District Attorney Vic Reynolds’ office.

The infant suffered multiple rib fractures, a broken arm and an acute brain injury that is believed to have left him blind, according to the indictment and information in the arrest warrant.

McFall, whose prison mug shot shows a man with multiple facial tattoos, is charged with two counts of felony cruelty to children in the first degree and two counts of aggravated battery.

No arraignment date has been set. McFall was arrested Oct. 30, 2012, and remains in the Cobb County Jail on $25,000 bond.

If convicted of all charges, McFall could be sentenced to a maximum of 80 years in prison.

McFall’s court-appointed attorney, Aaron Henrickson of Dallas, said his client’s appearance was a concern.

“Well, that’s certainly going to be an issue we will have to deal with,” he said. “One of my law professors used to tell me you can’t fight the facts, but we’ll have to deal with it. It is what it is.

“If a group of Cobb County jurors is seated and told by a judge to be impartial and listen to the facts, then all I can assume is that that’s what they will do, if it comes down to that.”

Henrickson said McFall has no plans to enter a guilty plea at this time.

“Obviously the charges are very serious. Mr. McFall maintains he hasn’t done anything to hurt his child and maintains that he is innocent,” Henrickson said. “Once we get the medical records and police reports, any witness statements, we’ll decide how to move forward. And now that there’s an indictment, there will be an arraignment set, so most likely we’ll waive the arraignment and we’ll be entering a not guilty plea for Mr. McFall.”

Assistant District Attorney Susan Treadaway is prosecuting the case, which is assigned to Cobb Superior Court Judge James G. Bodiford.

The indictment was handed down on March 28.
Comments
(13)
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darlenehayes
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April 04, 2013
he need take lie test if truth or not bec he is a inncount oh pls his baby why he hurt his own baby i think should take test if truth or not my offer more safe than sorry walk awaymore plm
Powdertowner
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April 04, 2013
Huh????
mk-societies ills
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April 03, 2013
We must do a better job, protecting the innocent & helpless(this includes animals, too!!). These derelicts should have no right to procreate.

It should be an earned privilege,.. not just a drunken night one night stand w/out any thought given to the responsibility of bringing a living, breathing, dependent life into the world. These babies need us to be their voice!
Katina Cooper
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April 03, 2013
Another woman who will put up with a man beating her child, just as long as she can have him in her bed. Take him into the forest, chain him to a tree and leave him to be lunch for the forest creatures.
anonymous
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April 03, 2013
I recommend he be sentenced to regular beatings on his head and torment to match what he inflicted this baby (during his prison term). Some humans are not human at all. He deserves cruel punishment.
Slippery Slope
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April 03, 2013
His momma must be so proud.......that is, if she can still recognize him.
wallytooth
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April 03, 2013
Hope they beat him everyday of his life.
30066
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April 03, 2013
He has "Loser" written all over his face.
daveyy
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April 03, 2013
Looks like he will fit right in in prison. My guess is that they will take turns trying to beat the tats off his face.
IceDogg
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April 03, 2013
Really? This guy looks way too stable to beat an infant. Looks like the kind of guy you'd want your daughter to date.

But, what's up with the $25,000 bond? How can bond for beating an 8-week-old baby possibly be so much less than bond for some teachers cheating on tests? I realize they are different courts, but usually Cobb is the tougher one.

Set this idiot's bail to $2 million and let him rot. The other prisoners will take care of things when they discover what he's locked up for.
CobbCoGuy
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April 03, 2013
Roger that. 80 year sentence? Unless he's segregated from the other inmates, he won't last 80 hours.
JVD
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April 03, 2013
Hmmmm.... He doesn't look like a trouble maker.....
Just Wait
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April 03, 2013
Looking at his mug shot, does anyone believe anything positive will ever happen with him?
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