Here’s the situation. A five-year-old boy dropped a kitten on the ground. His mother’s boyfriend, Brandon Rubin, decided to teach the child a lesson. So he picked him up and dropped him to the ground. The boy suffered a broken arm and showed marks “all over his body”. Rubin has since been arrested on an aggravated child battery and abuse charge.
Interestingly, much of the original police report has been redacted. This includes information concerning where the alleged abuse took place and Rubin’s relationship to the mother. But one fact is indisputable. The five-year-old boy broke his arm on May 11.
When Did the Police Become Involved?
Rubin brought the boy to a pediatrician after saying that he and his sister were playing castles with chairs. Rubin told the pediatrician that he injured his arm during this play. The pediatrician recommended that the boy be taken to the emergency room.
The four-year-old sister told investigators that Rubin had injured the boy’s arm after he “hit him really hard”. The five-year-old told investigators that Rubin grabbed him by the hand, put him in a headlock, and then dropped him, causing all of his injuries.
The former girlfriend walked into the room after she heard the boy thud to the ground. She said she saw Rubin try to kick the five-year-old, who was crying. She noticed that the boy was severely injured. At this point, Rubin told her that he was upset because the boy threw one of his kittens and wanted to show him what it was like to be hurt that way.
Rubin seems to have emotional control issues. A former girlfriend got a restraining order against him and wanted to document Rubin’s physical abuse “just in case she disappeared.” But he did not face any criminal charges in any of those incidents.
Rubin was arrested in 2016 after he struck a different woman, threatened to kill her, and then fired a gun into the ground. Rubin ended up pleading guilty to a misdemeanor battery charge.
While this is the type of case that could cause controversy between parents who believe that spanking or using corporal punishment is good and those who don’t, Rubin doesn’t have much going for him. Firstly, the boy seemed to be injured above and beyond what a typical punishment would look like. Further, Rubin has a history of abusing women, emotional control issues, and violence against those he purports to care about. These will all be factors in the case against him.
The aggravated child abuse statute requires that the state prove that Rubin’s punishment was malicious and over the top. It is a first-degree felony punishable by up to 30 years in state prison. The minimum sentence for aggravated child abuse is 48 months.
Talk to a West Palm Beach Criminal Defense Attorney
If you’ve been charged with a crime, talk to the West Palm Beach criminal attorneys at the Skier Law Firm, P.A. as soon as possible. We can help resolve your case.