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Brainerd man pleads guilty in child's death
Staff Writer A 25-year-old Brainerd man, accused of the 2004 death of his 9-month-old daughter, admitted he placed a pillow over her head and suffocated her.
However, in pleading guilty to a charge of felony manslaughter Tuesday in Crow Wing County District Court, Shawn Michael Dylkowski said he never intended to kill his daughter, Destiny Ann Dylkowski.
Shawn Dylkowski was indicted Dec. 5 for felony first-degree murder, felony third-degree murder and first-degree manslaughter in the Oct. 2, 2004, death of Destiny Dylkowski.
Through a plea agreement reached Tuesday between defense attorney Todd Kenyon and Crow Wing County Assistant County Attorney Janine LePage, Shawn Dylkowski waived his right to a trial by jury and pleaded guilty to an amended charge of felony second-degree manslaughter. He was sentenced to 102 months prison, 68 months of which must be served in prison and 34 of which can be served on maximum supervised release. He also was fined $132.
In exchange for his guilty plea, the original charges of felony first-degree murder, felony third-degree murder and felony first-degree manslaughter were dismissed.
On Aug. 23, 2004, Brainerd police officers responded to a report of a child not breathing at a residence in the 200 block of North Fourth Street shared by Shawn Dylkowski and Lacy Miles, who is Destiny Dylkowski's mother.
When found by responding officers, Destiny Dylkowski was unresponsive. She was transported to the Hennepin County Medical Center, where she died Oct. 2, 2004. According to court documents, officers learned Shawn Dylkowski placed a pillow over his daughter's head and suffocated her. The Ramsey County medical examiner's office found Destiny Dylkowski died from asphyxiation.
Crow Wing County Attorney Don Ryan said that because the victim was particularly vulnerable, Shawn Dylkowski's sentence was an upward departure from the standard 78-month sentence for felony second-degree manslaughter.
Ryan said felony second-degree manslaughter is unintentional homicide. Ryan said that, in pleading guilty to second-degree manslaughter, Shawn Dylkowski admitted suffocating his daughter but maintained he was not intending to kill her.
"In this particular case, based upon facts present, we felt it was not inappropriate to allow him to enter into a plea for unintentionally killing his daughter," Ryan said.
Brainerd Police Chief John Bolduc, whose officers investigated Destiny Dylkowski's death, said it had been a difficult case for officers and other first responders who arrived at Shawn Dylkowski's and Lacy Miles' home on Aug. 23, 2004. He said investigators worked diligently to bring the case to prosecution.
"It's a good result, perhaps not the best result, but there is a sense of justice that the defendant will spend significant time in prison for causing the death of his child," Bolduc said.
Bolduc said his department had previous contact with Dylkowski, but never for allegations of child abuse. Dylkowski was convicted in November 2005 in Carlton County for felony theft of a motor vehicle and he served prison time in St. Cloud.
MATT ERICKSON can be reached at matt.erickson@brainerddispatch.com or 855-5857.
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