A Laurel County man learns his fate after being accused of beating his girlfriend's four year old son last year.
A jury convicted Elmo Greer Junior of fourth degree assault, which is only a misdemeanor, and recommended a one year sentence.
The boy's mother told police last April she woke in the night to the 4 year old boy crying and bloody and with her boyfriend, Elmo Greer Jr, in the living room. The boy told police Greer hit him with his fist. But Elmo Greer Jr. testified in his own defense Friday. He says that night he took a prescribed drug, the sleep drug Ambien, and others for bronchitis. He says he believes those, mixed with a "hot toddy" he made up for the cold, were enough to make him disoriented and at one point he tripped over a doorway onto the boy. But Greer maintains it was all an accident.
The jury could have convicted Greer of 2nd degree assault and recommended up to ten years in prison, but instead convicted him of fourth degree assault which is a lesser charge.
The victim's grandmother who takes care of the boy says she's pleased with the verdict, but she worries about her grandson.
The jury recommended Elmo Greer Jr. serve 12 months in behind bars, the maximum amount allowed for 4th degree assault.
Greer will be back in court June 8th to be sentenced.
He is still in a relationship with the mother of the boy he allegedly assaulted and they are expecting a child in May.