West Fargo Man Sentenced for 8-Month-Old Daughter’s Death
The child drowned in a bathtub in March 2018
FARGO, N.D. — A West Fargo man will spend a year and one day behind bars after his 8–month–old daughter drowned in a bathtub.
27–year–old Spencer Foner says he left his daughter in the bathtub for only five minutes but it ended up costing her her life.
Foner says it also gives him nightmares and his daughter’s mother is now begging Judge Susan Bailey for one thing for their two other children.
“What happened has affected our family more than anything else and I just ask that you let us grieve as a family and not put my kids through anything else by taking their dad away again,” she said.
But despite the emotional toll on the Foner’s family and his remorse, Judge Bailey decided to put Foner behind bars for one year.
“It does not mean there isn’t a greater purpose to be served with incarceration when we have really gross negligence that results in the death of another person,” said Judge Bailey.
Foner will then be placed on supervised probation for two years while the remaining four years are suspended.
While he does so, there are certain conditions he must adhere to, including a mental health assessment.
“He’ll do one at the pen as well but from the assessment, they can identify if there are further mental health issues and if there’s any follow up treatment that can be done. There are also various, other options that the probation officer could try to use if there are corrective actions the probation officer sees need for,” said Reid Brady, asst. state’s attorney.
Foner was charged with negligent homicide and child neglect in last March.
He pleaded guilty to negligent homicide back in November.
The child neglect charge has been dropped.
“That was part of the assessment of the entire case of his culpability, what his mindset was. Visiting with officers and reviewing the reports, I felt it wasn’t an appropriate resolution to resolve it at that C felony, negligent homicide level,” Brady said.
When officers found Foner’s baby, they smelled marijuana in the apartment and saw other drug paraphernalia.
Although he has gone to substance abuse treatment, Foner maintains he was not on any drugs at the time of his daughter’s death.