The legal saga of the dad who did a dumb, dumb thing has drawn to a close today in a Chicago courtroom. Andre Curry, 22, was sentenced to 18 months probation for charges stemming from a photo of his daughter he posted on Facebook over a year ago.
Curry was charged in December, 2011, with aggravated domestic battery and unlawful restraint after he posted a picture to his Facebook account, showing his 22-month-old daughter with her hands and feet bound with blue painter’s tape, and tape covering her mouth. A caption on the photo read, “This is wut happens wen my baby hits me back.”
After Curry posted the photo to his profile, he began to receive comments from friends who apparently didn’t think the photo was as amusing as he did. One person commented with, ”U goin to jail.” Taking down the picture was not enough to undo the damage that was done – the photo began to circulate online, generating significant outrage and promping several calls to police. A woman whose sister once dated Curry told The Smoking Gun that the photo does not show child abuse, and that Curry was ”being playful with his child.”
Curry was acquitted in October of the unlawful restraint charge. His attorney argued before Judge Lawrence Flood that Curry is a good dad who did a dumb thing: “Was this something stupid to do? No question about it,” said Attorney Sam Adam Jr. ”But they’re asking you to find him guilty of some very serious charges.” Prosecutors said the tape obstructed the girl’s breathing but no evidence of injury was presented. The Chicago Tribune reported that the child’s mother, Yasmin Doss, defended Curry throughout his ordeal. Curry insisted the photo was meant to be a joke; according to a Detective, “He said the child was only taped up for a maximum of 30 seconds.”
Curry was convicted of the more serious aggravated domestic battery charge, and faced up to 7 years in prison. The felony charged was reduced to a misdemeanor Friday. In addition to 18 months probation, Curry is required to attend parenting classes.