Tamaqua man gets jail for smacking child

A Tamaqua man charged in 2015 with smacking his 4-year-old stepson hard enough to leave bad bruises on the child’s lower back, buttocks and leg is headed to state prison.

Judge John E. Domalakes revoked the parole status of John R. Muffley Jr., 38, and sent him back to jail for a total of 14-44 months.

The sentence includes the 234 days of freedom Muffley forfeited for failing to comply with the terms of his parole.

Domalakes added those days to Muffley’s 10-21 month sentence, which he ordered Muffley to serve consecutively to his original sentence of four to 23 months.

The judge did, however, grant him credit for another 229 days.

He was placed on parole on Oct. 12, 2017. But he failed to pay his court costs and fees, and District Attorney Michael A. O’Pake on June 19 asked the judge to revoke Muffley’s parole.

According to borough police, Muffley assaulted the child on Sept. 25, 2015.

Police were called to Muffley’s house, then in the 200 block of Brown Street, at 8:30 a.m. that day after someone reported there was a domestic incident taking place.

Officers spoke with Muffley, who said he had argued with an ex-girlfriend.

On Sept. 28, 2015, officers were contacted by Mrs. Muffley’s former boyfriend, the child’s father.

The father said he picked up his son on Sept. 25 and discovered extensive bruising on the preschooler’s backside. He contacted the child’s mother, and they took him to the emergency room at St. Luke’s Miners Campus in Coaldale.

The child told emergency staff his stepfather had hit him “for being bad.”

The nursing notes indicate the bruising was about 10 hours old.

The father contacted police, giving them photos of the injured boy.

Schuylkill County Children and Youth Agency staff were contacted and spoke with the child, who said “John” had hit him with his hand.

Muffley denied striking the boy, suggesting the injuries were caused when several children were playing in the backyard, “hitting each other with a broom stick, a plastic rake and a plastic shovel.”

Officers then spoke with the person who called 911 on Sept. 25.

That witness said there was screaming and yelling coming from an open window on the second floor of the Muffley home. The witness heard Muffley yelling at someone to “knock it off.” Then, there was the sound of a child whimpering and Muffley yelling, “Did that hurt? You bet it did.”

The witness said Muffley then said, “Does this hurt?” and the witness heard three thumping noises. When a child was heard screaming and sobbing, the witness called 911.

Dr. Kathryn R. Crowell, Child Protection Team Physician at the Milton S. Hershey Medical Center, determined the child’s injuries were consistent with being struck by a hand.

Muffley was charged with aggravated assault on a child, simple assault and harassment.

He pleaded no contest to simple assault before Domalakes on Feb. 22, 2017. The other charges were dropped.