Bellingham father sentenced for neglecting infant son until he starved to death
The Bellingham man who neglected his infant son until he starved to death in 2015 will spend time in prison.
Cody James Shields, 29, was sentenced Thursday, March 10, in Whatcom County Superior Court to two years in prison with 1½ years of probation, which was part of the standard sentencing range.
As part of his sentencing, Shields will be required to comply with mental health treatment, attend parenting classes and will not be allowed to hold a position of trust or authority over minor-aged children.
A jury unanimously found Shields guilty of second-degree manslaughter July 14 in Whatcom County Superior Court for the Dec. 8, 2015 death of his 3-month-old son, Lucian Mykael Shields.
Lucian’s mother, Brittany Shane Daniels, now 28, was sentenced to one year and a day in prison in January 2020 for her son’s death. Daniels pleaded guilty in November 2019 to one count of second-degree manslaughter. She was given an agreed-upon exceptional sentence below the standard range in part for her testimony against Shields during his trial.
Whatcom County Superior Court Judge Rob Olson denied Shields’ request for a mental health sentencing alternative at the Thursday morning hearing. Shields sought a mental health sentencing alternative under a new state law that allows eligible defendants to be sentenced to treatment rather than prison time. The law, which took effect July 25, would have allowed Shields to be sentenced to up to two years of probation, during which time he would have participated in an approved treatment plan.
Shields previously lost a bid in mid-February to close the courtroom to the public and press during his sentencing hearing while attorneys and the judge discussed his mental health issues.
Shields’ defense attorney, Carl Munson Jr., said Thursday that Shields plans to immediately appeal his conviction.
During Thursday’s hearing, Whatcom County Prosecuting Attorney Eric Richey argued that Shields’ mental health diagnoses were not severe and that he did not meet the requirements for a mental health sentencing alternative.
Richey said Shields continued to take no responsibility for his son’s death and that the community would not benefit from Shields’ being given the alternative sentence.
Richey asked the judge to sentence Shields to the maximum time allowed, which was 2¼ years in prison.
“This case has gone on too long. Having the case continue while Shields shows little remorse and taking no responsibility is an outrage to the community,” Richey said.
Lucian’s maternal grandmother, Michelle Porter, said in a victim impact statement read aloud in court Thursday that Daniels took responsibility for Lucian’s death and it was now time for Shields to do the same.
Porter said she felt that if Shields received the mental health sentencing alternative it would allow him to “wash his hands of it and move on,” and asked the judge to give him prison time.
Munson, Shields’ defense attorney, said Shields would benefit from uninterrupted counseling and that the treatment he would receive on a sentencing alternative would likely be better than that he would receive in prison.
Munson said Shields and Daniels were not responsible for Lucian’s death, that “there was something else at play” and that the child’s death could have been ruled accidental. Munson argued that while Lucian died from malnutrition and dehydration, they still don’t know why and that there could be numerous reasons why the infant failed to thrive.
Munson said if Shields was able to remain in the community and continue treatment, he could hopefully get to a point where he is a more productive and healthy member of society. Munson asked that if Shields was not given the mental health sentencing alternative, that the judge sentence him to the lower end of the standard range, at 21 months in prison.
“He has suffered greatly as a result of this. ... I hope the court would understand his devastation,” Munson said. “I think the community would benefit from him receiving treatment and not him being warehoused in the system for a couple of years.”
The judge said it became clear to him that both parents were implicated in Lucian’s death. He said that had the events not occurred, Lucian would be approaching his 7th birthday and attending school.
Olson said while he could not find that Shields was eligible for the mental health sentencing alternative, he did note that Shields has been cooperative and a law-abiding citizen while his case moved through the court system. Because of that, Olson said he would sentence Shields on the lower end of the standard range at 24 months in prison.
This story was originally published March 10, 2022 at 11:34 AM.
