TATINA RIVERIA - 8 Months (2009) - Omaha NE

Augustine Rubio is described by prosecutors as a child abuser with little remorse for the baby he killed in 2009.Instead,
they say, the 31-year-old Omahan has been more concerned with the
prison time he faced in connection with the death of 8-month-old Tatina
Riveria.On Wednesday, Rubio learned his fate. Douglas County
District Judge Russell Bowie sentenced Rubio to 22 to 25 years in prison
for child abuse resulting in death. Rubio could be released in 8½ years
due to time already served and Nebraska sentencing guidelines.The maximun sentence for the offense is life in prison; the minimum is 20 years.Chief Deputy Douglas County Attorney Brenda Beadle said she was disappointed in the sentence.“I had expectations it would be quite a bit higher than that,” she said.Rubio
pleaded no contest to the crime. Still, Beadle said, he showed no
remorse and took no responsibility for his actions. A pre-sentence
investigation determined Rubio was a risk to re-offend.Beadle said
Tatina suffered three separate skull fractures — meaning there were
three separate hits — and had a femur fracture and rib fractures that
were in the healing stages.Doctors determined she died from injuries consistent with a “shake and slam.”Tatina’s
mother attended night classes and had left her daughter home with
Rubio, a man she lived with and later learned was married with two
children out of state.Rubio called 911 and told authorities the
girl had been sick. He claimed to have given her Tylenol just before she
fell unconscious. Beadle said Rubio’s story about what happened to
Tatina keeps changing.At one point, he changed his story to say
Tatina fell from a bed. He now says he was holding Tatina and tripped
over some furniture, causing her injuries, Beadle said.
http://www.omaha.com/article/20110706/NEWS97/707069831/0