By Jim Hannah
The Cincinnati Enquirer

INDEPENDENCE - A judge who said prosecutors lied to him is reconsidering an agreement that would have spared an Indiana man from possibly spending the rest of his life in prison in the death of an Independence toddler.

The deal, negotiated between Kenton County Commonwealth Attorney Bill Crockett and lawyers representing Christopher W. Scarber, upset the toddler's family members, who told the judge it was too lenient.

Scarber, 28, of Milan, Ind., admitted in July to killing Jacob Troy Donskey, 2, in exchange for a prison sentence not to exceed 14 years. Jacob died at University Hospital in February 2001 after suffering head injuries the day before at his grandmother's home in Independence. The grandmother left Jacob with a baby sitter, whom police describe as Scarber's girlfriend.

"The court believes it was misled," Kenton County Circuit Court Judge Steven Jaeger said Tuesday during what was to have been Scarber's sentencing. "Misled is a light and soft word to use in this instance. In another forum I would call it a downright lie."

Crockett said after the hearing he wasn't going to respond to Jaeger's comment, but would defend his plea agreement: "I don't believe I made a misrepresentation to the court. I believe I did what was right. I believe it was in the best interest of justice."

Crockett had told the judge he consulted with Jacob's family during the negotiations and they agreed to the plea, which reduced the original murder charge to first-degree manslaughter. But when pressed by Jaeger on Tuesday, Crockett said he had spoken to the toddler's grandmother, who was his legal guardian, but not with the child's biological mother.

It wasn't until after the plea agreement that Jaeger said he learned of the family's dismay.

The family flooded Jaeger with letters, which advocated sentences ranging from death to 20 years. No one wrote that they would be satisfied with just a 14-year prison term.

The judge read several excerpts from those letters in court Tuesday.

"The maximum sentence is not enough to replace Jacob, but it would be a start," he read, quoting one relative. "Jacob was an innocent child who never got a chance at life."

Based on the evidence, Crockett said, he thought it would have been difficult for a jury to find Scarber guilty of a charge that carried more than a 14-year prison term.

Scarber's lawyer, Stephanie Durstock, declined comment Tuesday.

Jaeger delayed the sentencing until Friday to consider his options. The judge could decide to sentence Scarber to more than the agreed-upon 14 years. That decision would allow Scarber to withdraw his plea of guilty and force the 30-month-old case to trial.

Jacob's mother said she was glad that the judge listened to family members.

"The judge today thought more about us and Jacob than anyone else has since this process began," said Angela Donskey. "I have to thank the judge for that."

E-mail jhannah@enquirer.com