A South Roxana man who pleaded guilty to killing a 4 year old boy is going in front of a judge today in an attempt to withdraw his guilty plea and get a new trial. 35 year old Sean Starwalt (pictured) was sentenced in November to 38 years in prison for the death of the son of his girlfriend, but filed a motion in January to change his plea after requesting a new attorney.
Starwalt claims his constitutional rights were violated when prosecutors asked to seek a 100-year sentence in the case. Authorities say Starwalt struck four year old Jeremiah Bradford causing internal injuries that lead to his death. Madison County State's Attorney Tom Gibbons:
The boy's mother, Patricia Cage, is also facing a murder charge for not taking action to help her son. She is facing charges because prosecutors say she did not take action to protect her son from abuse at the hands of Starwalt, and also did not seek medical attention for her son the night he was fatally injured. Starwalt's new attorney, John Delaney, declined an opportunity to comment on today's activity.