A 39-year-old man convicted for his part in the death of a young Toronto boy received a nine-year prison sentence on Thursday.
Two-year-old Nicholas Cruz was carried into Toronto Western Hospital on July 14, 2013 by his mother Marleny Cruz and her then live-in boyfriend Joel France. The couple, who lived just south of Trinity Bellwoods Park, asked a stranger to drive them to the hospital around 3 p.m. that day. When they arrived at the hospital, the two-year-old was not breathing and did not have heart activity. Doctors were unable to revive Nicholas.
It was determined that Nicholas died from complications of blunt-force abdominal trauma. The court heard he ultimately died from sepsis.
“This was a treatable condition. Timely medical intervention would have saved Nicholas’ life,” Justice Anne Molloy wrote in her decision.
“However Ms. Cruz and Mr. France did not take Nicholas to the hospital until two hours after they found him dead.”
Twenty-nine-year-old Marleny Cruz was originally charged with second-degree murder in the toddler’s death, but she pleaded guilty to manslaughter in January and is serving a six-year sentence.
Joel France pleaded guilty to manslaughter in February.
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The defence asked for the equivalent of a six-year sentence while the Crown proposed a 10-year sentence.
Molloy said in her decision that France doesn’t understand the full impact of his “own wrongdoing.”
“He has not yet had the benefit of counseling and education with a view to adjusting his antiquated and twisted views of parenting,” she wrote.
READ MORE: Man, woman charged with murder in death of baby
“A lengthier sentence does not interfere with the goal of rehabilitation, and may even enhance it.”
France has served six years in custody and will be given credit for time served.
With files from Catherine McDonald