A 22-year-old Chicagoan is facing up to seven years in prison on aggravated domestic battery charges for posting a Facebook photo of his daughter bound and gagged, the Chicago Tribune reports. Andre Curry managed to beat an unlawful restraint charge in court Tuesday, but the judge is still debating the battery charges.
At the trial hearing where he was acquitted of the restraint charge, Curry told Judge Lawrence Flood how the incident unfolded at his home last December. Curry claims he was playing with his 22-month-old daughter when he decided to bind her hands, feet and mouth with blue painters tape as a joke. He then took a picture of her with his camera phone and uploaded it to his Facebook page. The image was complemented by a message saying, “This is wut happens wen my baby hits me back😉.”
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The picture quickly went viral and Curry was cuffed a week later. Cook County prosecutors found the sight no laughing matter, arguing that Curry blocked her breathing and committed battery by gagging her. Still, Curry’s associates and lawyer argued that the child was never in any danger.
“He said the child was only taped up for a maximum of 30 seconds,” Chicago Police Detective Charles Hollendoner testified Tuesday.
“Was this something stupid to do? No question about it,” Attorney Sam Adam Jr. told Judge Flood on Curry’s behalf. “But they’re asking you to find him guilty of some very serious charges.”
Curry said that he has received hate mail since posting the picture. He eventually removed it from his page. Curry is free on bond and barred from any contact with his daughter not approved by the Illinois Department of Children and Family Services, according to the Chicago Tribune.