By CRISTINA JANNEY
Hays Post
A Hays man was sentenced to serve more than 36 years in prison for the murder of his 5-month-old son.
Abraham Duran Leon was found guilty of second-degree murder in the 2024 death of his son, Fernando Leon III.
Ellis County District Court Judge Curtis Brown sentenced Abraham Leon to 438 months in prison during a hearing in Hays on Thursday.
Emergency personnel were dispatched at 12:15 p.m. on April 2, 2024, to the Rodeway Inn, 3404 Vine St., responding to a report that an infant was not breathing.
Fernando's father was also present in the motel room.
Drug paraphernalia was found in the hotel room. A toxicology report found methamphetamine in both Abraham Leon's and his son's bodies.
Abraham's wife and Fernando's mother, Brandi Leon, in her victim's statement, requested leniency for her husband.
Members of Abraham Leon's extended family were in the courtroom, as were members of the Hays Police Department, who investigated the case.
A tearful Brandi Leon requested "mercy and grace" for her husband and requested that the judge allow her husband to serve a non-prison sentence with community corrections.
"This has been a tragedy for our family, and we have had no chance to grieve our loss," Brandi Leon said.
Abraham Leon in has allocution admitted he had suffered from addiction.
The defense noted Leon's sobriety. However, he has been in jail since his arrest on the murder charge.
"I have been inspired to change my life," he said.
"I believe I did the best I could and provided for my son the best I could," he said.
Abraham Leon said if he was granted probation, he planned to move to Texas to be near family and work for his father.
"I appreciate the severity of what happened every day," he said.
Ellis County Attorney Aaron Cunningham argued for an aggravated sentence, which would have carried a prison term of 460 months, or more than 38 years.
In court filings, Cunningham noted Abraham Leon had been out of jail on a felony bond when the murder occurred. He argued the victim's age should be considered as an aggravating factor in this case.
Cunningham said Abraham Leon failed to address his methamphetamine use. He failed to accept help, although several women in his life urged him to seek further care for Fernando. He also failed to seek help after repeated welfare checks by law enforcement, Cunningham said.
Cunningham said Abraham Leon repeatedly consumed methamphetamine in the same motel room as the baby.
"He definitely had no concept of how to care for a child," Cunningham said.
He added, "He had flagrant disregard for the well-being of the child."
A presentence investigation determined the defendant had 19 prior convictions, placing him at a level B on the sentencing grid, the second-highest level.
Judge Brown ruled against both the defense's motion for a departure for probation and the state's motion for an aggravated sentence.
The 438 months imposed is in the middle of the sentencing range, based on the charge and Abraham Leon's criminal history.
"No sentence would restore what has been taken," Brown said. "Fernando will not take his first steps. He will not have a first day of school."
"There has been a family that has been hollowed out, and there was a life that deserved an opportunity that is now gone," Brown said.
Abraham Leon will receive more than 600 days of credit toward his sentence for time served. He will also be eligible for up to 15% good time credit, be subject to 36 months post-release supervision and will be required to be a registered offender.
Before Leon's sentence was imposed, his defense argued the jury's verdict should be set aside, and the judge should acquit Leon of the murder charge.
Leon's defense attorney argued the state did not prove beyond a reasonable doubt that Fernando died of a methamphetamine overdose.
She argued the baby's death was unexplained, and he happened to have methamphetamine in his system. She said the state's expert could not rule out another reason for the baby's death.
Judge Brown ruled against the defense's motion, saying it was up to the jurors to weigh the credibility of conflicting expert testimony.