In a decision Tuesday afternoon, officials postponed a sentencing hearing for a Waukegan man convicted of first-degree murder for fatally punching his girlfriend’s 3-year-old son in the stomach while the boy was playing a video game.
Thomas Albea, who was convicted last month in a bench trial before Judge Mark Levitt, was set to be sentenced Wednesday afternoon, but scheduling conflicts for the judge and prosecutors led to the decision to delay the hearing. A new sentencing date is expected to be set Wednesday morning.
Albea faces a sentence in the 20- to 60-year range for the Class X felony.
During the trial, prosecutors Eric Kalata and Victor O’Block said Albea, who was 18 at the time of the 2011 murder, became angry when the child, X’Zavion Charleston, supposedly cursed while playing ‘Mortal Kombat.’ Albea then punched the 3-year-old several times in the stomach, prosecutors said.
X’Zavion died at about 5 p.m. the next day, Sept. 15, 2011, at Children’s Memorial Hospital in Chicago.
During videotaped interviews by Waukegan police detectives, Albea said he was making dinner for the child at about 11 p.m. when he heard him swear because his character died in the video game. Albea initially said he had hit the boy once in his midsection, but as questioning wore on, Albea eventually stated on a videotape played at the trial that he didn’t hit the child “more than 10 times.”
Autopsy results and testimony from doctors and a Cook County medical examiner concluded that the toddler was struck at least seven times, and suffered “catastrophic” injuries to internal organs and his abdomen.
Albea’s girlfriend, who was upstairs when the incident occurred, took the child to Vista Medical Center in Waukegan after Albea told her he seemed hurt. He was later transferred to Children’s Memorial.
Albea, now 22, and his defense attorney, Gillian Gosch, had requested a bench trial rather than a jury trial in the case. After convicting Albea, Levitt revoked Albea’s $1 million bail.
Gosch had said in closing arguments that there was no evidence that Albea intended to kill or seriously hurt the child, and that he in fact rendered aid to him at the home and carried him to the car for his girlfriend before she took him to the hospital.
She asked that Albea be found not guilty or that a verdict of involuntary manslaughter be considered.
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But in his ruling, Levitt referenced the age of the child and the severity of the injuries.
“To say that they were alarming is a great understatement,” the judge said.
Kalata said the beating was not an example of discipline.
“You don’t punch a 3-year-old in the stomach, and you don’t punch a 3-year-old in the stomach again and again and again,” Kalata said. “X’Zavion had a right to live his life. He had a right to laugh and play. He had a right to see his fourth birthday.”
Twitter @JimNewton5