A Wisconsin father who claimed his infant son suffered serious injuries after falling from a bed has been convicted of child abuse nearly five years after doctors discovered the baby had multiple broken bones and a severe head injury.
David Schmies, 27, of Plover, Wisconsin, was found guilty Wednesday, October 14, of physical abuse of a child causing great bodily harm following a three-day trial in Portage County Circuit Court.
The case dates back to December 13, 2021, when Schmies’ 4-month-old son was rushed to a hospital after a relative discovered the baby with a noticeably swollen head, unusual skin coloring and shallow breathing.
According to court documents, Schmies was getting out of the shower when the relative expressed concern about the child’s condition.
“Yeah, he’ll be fine,” Schmies reportedly responded.
When the relative pressed him to explain what had happened, Schmies allegedly became emotional and began crying.
He later told investigators that his son had fallen from a bed. However, medical professionals determined that the explanation was inconsistent with the extent of the baby’s injuries.
Doctors discovered a complex skull fracture, bleeding around the brain and 16 fractured ribs. The infant also had fractures in his arm and leg bones.
Medical examinations revealed that some fractures were in different stages of healing, indicating the injuries had occurred at different times rather than during a single accident.
Investigators also documented bruising on the infant’s body. Medical professionals concluded that the injuries were consistent with nonaccidental trauma.
The baby survived, but the findings prompted an extensive investigation by the Plover Police Department.
Schmies was formally charged in February 2022, although the criminal case remained unresolved for more than four years.
Court records show that the proceedings were repeatedly delayed because of scheduling complications, changes involving legal representation and other issues.
At one point, defense attorneys sought to have the case dismissed, arguing that the lengthy delays had violated Schmies’ constitutional right to a speedy trial. Judge Patricia Baker denied that request in September 2026, allowing the trial to proceed.
The trial finally began October 12, with prosecutors presenting medical findings and evidence gathered during the police investigation.
Jurors heard testimony concerning the baby’s injuries and the reasons doctors believed they could not have resulted from the fall described by Schmies.
After approximately three and a half hours of deliberations, the jury returned a guilty verdict.
Following the decision, Judge Baker revoked Schmies’ bond and ordered him taken into custody pending sentencing.
Portage County District Attorney Cass Cousins welcomed the verdict, saying the case demonstrated the importance of holding individuals accountable for serious crimes against children.
“Seeing this defendant, at long last, held responsible for what he did to this infant is something that I am very satisfied to see,” Cousins said.
He also praised the Plover police investigators and medical professionals at Aspirus Stevens Point and Marshfield Clinic for their work in treating the child and helping prosecutors establish what happened.
The conviction carries the possibility of a lengthy prison sentence under Wisconsin law. The court will determine Schmies’ punishment after reviewing the circumstances of the offense and other relevant factors.
Schmies is scheduled to be sentenced December 8, 2026.
The child’s current medical condition has not been publicly detailed, but authorities confirmed that he survived the injuries that led to his father’s conviction.
