Teenager Sentenced to Max for Death of Toddler

January 10, 2014 Updated Jan 12, 2014 at 9:56 PM EDT

By Ed Reilly

January 10, 2014 Updated Jan 12, 2014 at 9:56 PM EDT

BUFFALO, N.Y. (WKBW) The sentencing of 17-year old Dylan Schumaker turned out to be a very intense, emotional proceeding as the defendant shouted out pleas of innocence as he was brought into court.

Schumaker was convicted of murder in the 2nd degree for the death of his girlfriend's' baby who Schumaker was babysitting last March 19th.

Defense attorney Joseph Terranova pleaded with the court for a lesser sentence saying that his client had a history of personal problems and was only watching the child because the baby's teenage mother, 19-year old Ashlee Smith, had been thrown out of her home by her family.

Supreme Court Justice M. William Boller disagreed telling Schumaker: "At 16, you knew not to keep pounding your fist on the pillow where that little baby's head was."

Prosecutors say Schumaker, who was 16 at the time, spanked, slapped, and punched the child in the head in an effort to quiet him.

Justice Boller also pointing out that evidence showed Schumaker was sending several text messages and was trying to arrange a sexual encounter with another under-age girl when the murder occurred.

"We'll never have that piece of our heart filled. It will always be empty because Austin is no longer with us," said Mike Smith, Austin's grandfather during a statement to the court.

Dylan Schumaker was sentenced 25 years to life.

Defense attorney Joseph Terranova says he plans to file an appeal.

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