GC man could face harsher punishment in malnourishment case

Garden City, KS(westernkansasnews.com) Thursday a jury ruled that Elias Allen can face harsher than the usual punishment for aggravated endangering a child. Allen was found guilty of aggravated endangering a child on Wednesday, but was not guilty of child abuse.

The jury ruled Thursday that Allen can face stiffer punishment because he had a fiduciary responsibility to the child and that the child was exceptionally vulnerable.

The charges stem from Allen’s then girlfriend, Kiala Pollman’s two year old son being admitted to Children’s Mercy Hospital in Kansas City for malnutrition in August 2016. Pollman took a guilty plea of child abuse and will likely get probation at her sentencing on March 6.

Pollman also agreed to testify in Allen’s trial, which she did on Monday. Pollman said in her testimony that Allen was good to all three kids in their custody and treated them all the same. Allen was offered a plea deal for a ten year sentence before his trial that would have involved pleading guilty to child abuse as well as aggravated child endangerment.

It was established that Allen had no authority over the child’s medical treatments because he wasn’t his biological father. The child has down syndrome and at the time had to be fed through a feeding tube. Allen and Pollman were feeding the child by mouth at times and not feeding him the right formula.

Allen is being held on $35,000 bond and the amount of time he could varies according to Assistant Finney County Attorney Tamara Hicks.

“Based on his criminal record he could face anywhere from three years to probation, but the aggravating factors allow the judge to double the sentence, but that doesn’t mean that he will,” said Hicks.

Allen’s defense attorney Cheryl Stewart said she thought the jury’s verdict was fair based on the evidence presented. She also discussed her plan from here.

“We’ll file a motion for departure,” said Stewart, “based on the evidence that was presented it was clear that he didn’t do anything specifically to harm the child if anything it was more from not knowing what to do and deferring to the mother.”

Allen’s mother, Christine Allen, said after the trial her son shouldn’t be going through this.

“He was good to him and I know my son still loves the child, my son should not be going through this because he loved the child and would never hurt him,” said Allen.

Elias Allen will be sentenced on March 30 at 9 a.m.