JACK KOLLER - 5 Months (2009) - Boulder CO

Boulder CO ---- A father from Lafayette pleaded guilty on Wednesday of biting,
shaking and suffocating his infant son when he would not stop crying.
He was in court on Wednesday, seven months to the day his son, Jack, died of his injuries.
Twenty-seven-year-old Benjamin Koller was originally charged with first-degree murder.
Boulder County prosecutors dropped that charge in exchange for his
guilty plea to child abuse resulting in death. Because the district
attorney says this is an "aggravated" case, Koller faces 16 to 48 years in prison.
At a hearing, a detective testified Koller admitted he sometimes
covered the baby's nose and mouth to make him stop crying and once
dropped him onto a changing table.
Jack was injured in July, when he was 7 weeks old. He was making some progress
recovering from a skull fracture, significant brain injury, and many
cuts and bruises.
Doctors allowed him to go home with his grandmother, Claudia Riggs.
"It would be my hope that this would never happen again to another
child, somehow we are going to make really good things come out of
this," she said.
Within a month, Jack took a turn for the worse. Doctors could not do
anything to help him. He spent his last days at home with Riggs. She
calls those moments with him precious, but heartbreaking.
Jack died on Oct. 5.
Riggs was in court when Koller pleaded guilty.
"I feel relieved. I feel assured that the judge will give the
appropriate sentence. I'm looking forward to making a statement on
Jack's behalf during the sentencing. I only wish he was still here to
speak for himself," she said.
A spokesperson for the Boulder District Attorney's office, Catherine
Olguin, said, "The district attorney feels that this is a tragic and
difficult case. He is proud of the work that the office has done to
reach what we believe is a just and appropriate disposition."

A father found guilty of killing his infant son said on Wednesday he will always be haunted by what he did.



A judge in Boulder sentenced 28-year-old Benjamin Koller on Wednesday
to 40 years in prison, just eight years shy of the maximum. The judge
said the sentence is a message to anyone who considers harming a baby.
Koller, from Lafayette, confessed to smothering, biting and shaking
his son Jack when he was 6 weeks old. The abuse lasted for a period of
two weeks.
Koller said in court, "What father wants to admit to shaking, biting,
putting a hand over a child's mouth? None, but I have accepted
responsibility."
Wednesday marked one year to the day that Jack was rushed to the emergency room.
"Knowing my unintentional actions killed my son is a tough pill for me to swallow," Koller said.
"To break a skull, however that happened, and to smother a child
repeatedly is hardly unintentional. That seems ludicrous to me," Claudia
Riggs, Jack's grandmother, said.
During Wednesday's hearing, the judge said there were a half dozen
times before July 21, 2009 that his father should have gotten his son
medical treatment but chose not to, once choosing to take a nap instead
of calling 911.
Jack lived for 74 days and a quarter of his life was spent in the
hospital. When there was nothing else doctors could do to help him, Jack
spent his last days with his grandmother.
"Today is justice for Jack day. I don't want to lose sight of that. I
don't want anyone to lose sight that this baby was murdered by the man
that should have been protecting him. I don't want to lose sight that I
hope that this sends a message to other fathers and mothers to think
twice about hurting their children," Riggs said after the sentencing.
"Jack changed a lot of people's lives," Riggs said. "We have all took
a stand to say this has got to stop. How can we help stop this? How can
we prevent some families from going this?"