Maximum sentence upheld in death of Las Vegas child

CARSON CITY — A Las Vegas woman who tried to cover up that her boyfriend shook her 2-month-old son, which led to the boy’s death five years later, has had her conviction and sentence upheld by the Nevada Supreme Court.

A divided three-member panel of the court upheld the 8- to-20 year sentence given to Monique Bork despite her claims on appeal that the term was excessive and disproportionate.

Bork was given the maximum sentence by Clark County District Judge Stefany Miley after she pleaded guilty to child abuse and neglect with substantial bodily harm in September 2012.

Bork also contended on appeal that Miley used her case for campaign purposes when she posted a link on her Facebook page to an article about the sentencing.

The panel majority said “we are not persuaded that the posting of a link to an article about Bork’s sentencing hearing on the district court judge’s Facebook page, after the sentence was imposed, indicates bias or impropriety.”

Bork also said Miley erred at her sentencing by allowing a non-victim to speak in the first-person voice of the deceased child.

The panel majority agreed that allowing the statement was in error, but concluded it did not demonstrate prejudice affecting her substantial rights. The witness did not specifically address Bork or the crime, the panel said.

Justice Michael Cherry dissented, saying the state Division of Parole and Probation recommended a prison term of four years and five months to 20 years.

“In my opinion, this significant upward departure from the minimum recommended prison term indicates that the district court was unduly influenced by the unnoticed witness who spoke in the voice of the victim at the sentencing hearing, and demonstrates prejudice affecting Bork’s substantial rights,” he said.

Bork originally faced a murder charge for the death of Brayden Grusman-Buckmaster, but in exchange for her testimony against Edward Thompson, prosecutors dropped the murder count.

The case was complicated by the fact that Brayden lived until he was 5 years old following his injuries. Prosecutors said Thompson violently shook Brayden, inflicting traumatic brain injuries that eventually killed him.

Contact Sean Whaley at swhaley@reviewjournal.com or 775-687-3900. Find him on Twitter: @seanw801.