JACKSONVILLE, Fla. – A Jacksonville man who pleaded guilty to child abuse twice in six years will be walking out of prison after serving two years of jail time.
Joseph Barnett is now in jail, after he pleaded guilty to charges of breaking the legs of his newborn daughter. He said he fell on her.
But Barnett's sister-in-law is very angry about his sentence, saying the State Attorney's Office dropped the ball, because Barnett pleaded guilty six years ago in another abuse case involving another child.
The sentence was reached as part of a plea agreement, and both the State Attorney's Office and Barnett's attorney said it was fair, because there are questions about who might have committed the latest abuse.
But the aunt of the baby said she can't believe that Barnett could get out of jail so soon. He can no longer see his daughter by court order, but Alana Canupp said she fears he could hurt someone else.
"This is this individual's second child abuse charge against a child under 4 years old," Canupp said. "And it appears that the abuse of these kids is escalating. In addition, he's walking in six months."
In May 2014, Barnett was arrested for abuse of his newborn daughter. A photo of her taken when she was released from the hospital shows her tiny body in a cast -- her leg broken. The police report said Barnett fell while holding the baby.
But the arrest warrant for Barnett said when the hospital did a skeletal survey, doctors found as many as 11 possible fractures that were in various stages of healing. The child protection team reviewed the records and said that the injuries were indicative of child abuse and not consistent with what Barnett was saying.
The arrest report also said Barnett told someone to lie and tell the hospital staff that she witnessed the accidental fall.
After numerous hearings, the parental rights of both the girl's parents were taken away, and she has since been adopted. Her aunt said she is recovering and doing fine.
Barnett recently pleaded guilty to aggravated child abuse and was sentenced to two years in jail in the case. He also pleaded guilty to violating his parole on the first child abuse charge. He had already spent 528 days in jail, so with credit for time served, he could be out next July.
"I am very upset with the State Attorney's Office feeling that they couldn't get better with the jury," Canupp said. "The fact that this guy is going to walk out in six months is very upsetting."
Barnett's attorney said the deal was fair for both sides.
The State Attorneys Office said, "Child abuse charges are some of the toughest the State Attorney's Office handles. This case was no different. Due to difficulties with witnesses in this case, a negotiated sentence was reached and the defendant is being held accountable for his actions."
"That is their opinion and they're welcome to that," Canupp said. "I just hope he doesn't hurt another child and prove them wrong."
The State Attorney's Office said when Barnett finishes his sentence, he'll still have to serve five years of probation and will not be allowed to have contact with minors.
One agency Canupp praised was the Department of Children and Families for immediately removing the child from the home.
The little girl's mother has not returned calls from News4Jax requesting comment.