Barker gets 4 1/2 years in prison for son’s death

SHAWANO — A Shawano woman accused of trying to conceal the death of her 2-month-old child and hide the corpse was sentenced Tuesday to 4½ years in prison.

Catherine R. Barker, 22, will also have to serve five years of extended supervision after her prison sentence.

Barker pleaded no contest in June to felony counts of failing to report the death of the child and attempting to hide or bury the corpse.

A third count, of neglect resulting in the death of an infant, was dismissed as part of the plea agreement.

The infant, Brandon Barker, was her son. He was discovered by police during a welfare check Sept. 28, 2018.

In passing sentence, Judge William Kussel Jr. said there was no evidence Barker neglected the child; a view also supported by the state.

“She was doing everything she was supposed to do for this child,” District Attorney Greg Parker said, including bringing the infant to the clinic for care when he was sick.

Parker noted medical records indicating the child was being well cared-for.

The child’s death was determined to be “infantile asphyxiation,” though how it occurred remains in question.

According to the criminal complaint, Barker had sent text messages to two people, telling them the infant had died of suffocation from a blanket he had pulled up over his face.

Barker also said in one of her text messages the night before that the child was ill, according to the complaint, but she did not seek medical attention.

Barker told police she had given the baby CPR and tried to revive him. She said she didn’t call 911 due to “panicking and not knowing what to do,” according to the complaint.

In her text messages to the two people she contacted, Barker stated she was afraid to tell her family about the child’s death and planned to bury the infant somewhere out in the country.

She also stated she planned to leave the area after burying the child, according to the criminal complaint.

Parker recommended six years in prison, during which time Barker could participate in mental health counseling and training in life skills.

Under that sentence, he said, “justice for Brandon would be served.”

Barker’s attorney, Jevon Jaconi, argued for probation for his client, along with the time she has already served after being arrested.

Jaconi said there was no malice in Barker’s actions and that she was in shock after the death of her son.

“She’s still in shock,” Jaconi said, referring to medical and law enforcement reports indicating Barker has shown little emotion about the incident.

Barker had no comment for the court when asked for a statement prior to sentencing.

Barker was initially found not competent to stand trial in November and was ordered to be temporarily institutionalized to receive treatment and therapy that could make her mentally competent in the future.

She was subsequently ruled competent at a hearing on March 4.

Kussel said Barker’s mental health, competency and level of intellectual functioning were all at issue in considering the sentence.

However, he said, “she should have been able to understand she should call the police” after discovering Brandon had died.

Kussel also said that imposing only probation would diminish the seriousness of Barker’s crimes.

Barker’s prison sentence will be reduced by the 342 days she has already spent in custody since being arrested last year.