Probation, no prison for central Minnesota man who inflicted severe brain injuries to his baby

A central Minnesota man has been put on probation after admitting that he repeatedly shook and inflicted severe brain injuries to his baby girl at the family's home.

Andrew D. Erickson, 28, of Garrison was sentenced Monday in Crow Wing County District Court to five years' probation after pleading guilty to first-degree assault in connection with his violent actions toward daughter Gracie Erickson on July 4th weekend in 2022, when she was 3½ months old.

Two days later at a Minneapolis hospital, Erickson told a sheriff's investigator that he dropped Gracie, the criminal complaint read. When pressed further, he said he may have shaken the girl five or six times before dropping her. He then put the count at closer to nine or 10 times in that single encounter, the complaint continued.

Judge Erik Askegaard's sentence followed the terms of the plea agreement between the defense and the prosecution, and it came under what is known as a stay of imposition. That means the conviction will be reduced from a felony to a misdemeanor in five years if he successfully complies with the terms of his sentence and probation.

Those terms include: pay restitution of $50,000, have no contact with his daughter, stay away from illicit drugs and alcohol, and receive counseling from a licensed therapist.

Defense attorney Ryan Garry said Tuesday that the sentence was a departure downward from state guidelines, which call for a term of at least seven years and two months.

"The parties worked very hard to orchestrate an equitable plea agreement given the obvious difficult nature of the case," Garry said.

According to the complaint:

A sheriff's deputy arrived about 9:30 p.m. on July 3, 2022, after a report of a baby having trouble breathing. Gracie was admitted to Children's Hospital in Minneapolis, where a nurse said her injuries were inconsistent with Erickson's contention that the child fell during a diaper change.

The baby's mother, Gabrielle Palacio, told a sheriff's investigator that she and her two sisters spent July 3 swimming and relaxing before they went to Brainerd to socialize. Erickson was left to look after Gracie and her two siblings, one of the sister's children and another child the sister was looking after.

Erickson called Palacio that night, she said, and said Gracie was "breathing funny and acting weird." Palacio arrived home as her daughter was being put in an ambulance.

Medical examination found that Gracie had extensive brain damage and various other injuries to her spine.