Canady takes plea deal in death of 4-year-old
Brian Canady agrees to testify against boy's mother
The man accused of killing his girlfriends young son at a Tigard homeless shelter pleaded guilty this week, after accepting a plea deal.
Brian Canady, 24, admitted to abusing 4-year-old Zachary Dutro-Boggess while he, the boy, and the boy's mother were living at the Good Neighbor Center in 2012.
On Tuesday, Canady pleaded guilty in Washington County Circuit Court to first-degree manslaughter and second-degree assault in Zacharys death.
His sentencing has not been set, but he is expected to spend 12-and-a half years in prison for the crime, according to Deputy District Attorney Megan Johnson.
Canady had originally faced several charges, including murder, assault and four counts of murder by abuse, but Johnson said she needed to change tactics after Judge Don LeTourneau decided to suppress a confession Canady gave Tigard Police after his arrest.
Having his confession suppressed put us in a position where we needed to assess and attempt to resolve his case, Johnson said.
Thats difficult for people to understand because Zachary deserved more, Johnson said.
People arent going to like that we had to extend a plea to a guy that killed his kid, she said. Hes getting 12-and-a-half years for something that he should fry on a hot pan for.
Canady was arrested in August 2012, after he allegedly kicked Zachary in the abdomen.
Both Canady and Dutro are believed to have beaten Zachary and two of his three siblings, Johnson said.
Canady, Dutro and her children were staying at the Good Neighbor Center homeless shelter on Southwest Greenburg Road for more than a month on the night Zachary first collapsed.
Prosecutors said Canady got into an argument with another resident on Aug. 12, 2012, and went back to the familys room. He told Zachary to sit in front of the television and kicked him in the stomach with his shoes on when the boy didnt listen.
In the two days that followed, Zachary developed diarrhea and began to vomit, but neither Canady nor Dutro sought medical attention for the boy. Canady later told police they didnt seek medical treatment for fear his actions would be discovered.
Zachary collapsed at about 4 a.m. on Aug. 14, 2012, the day after his fourth birthday.
Unable to revive Zachary, Dutro and Canady called 911. The boy was taken to a local hospital and died two days later.
Doctors determined the boys small intestine had been punctured.
An autopsy revealed his death was due to blunt force trauma to his abdomen and that he likely would have survived if he had received medical attention.
As part of the plea, Canady will have to testify during Zachary's mother trial, which is set to begin March 18.
Johnson said the expected 12-and-a-half-year sentence is dependent upon Canady providing accurate and truthful testimony.
Dutro, Zachary's mother, faces six counts of murder and a second-degree assault charge against a foster child that lived in her home in Hawaii before she moved to Oregon.
Canadys sentencing is being held until after Dutros trial.JW_DISQUS_ADD_A_COMMENT