Ritchie enters Alford guilty pleas to all 4 counts in toddler death

In a surprise development Tuesday morning (Dec. 11), 29-year-old Chad Andrew Ritchie entered Alford guilty pleas on all four charges against him stemming from the November 8, 2017 death of 22-month-old toddler Malachi Zimmerman and injuries to his twin brother. An Alford plea is entered when a defendant accepts that the prosecution has enough evidence to convict, but does not admit guilt.

Under the terms of the agreement an “active” prison sentence – time actually served – is capped at 20 years. In accepting the plea at 11:32 a.m. Warren County Circuit Court Judge Clifford “Clay” Athey noted the agreed-upon sentencing cap was above the recommended midrange sentencing on the charges, which include Second Degree Murder.

During court discussion about the suggested agreement, Assistant Commonwealth’s Attorney Bryan Layton noted recommended sentencing ranges of 14-years, 9 months on the low end to 24 years, 7 months at the high end, with 19 years, 8 months at the mid-range recommendation.

Questioned by the judge on his understanding of the plea agreement, Ritchie repeatedly answered, “Yes sir,” hesitating only once at the question that he agreed the prosecution had enough evidence to convict him. After a brief discussion with his counsel Ritchie finally again replied, “Yes sir.”

Clean shaven with his hair grown out to standard medium length at trial, Chad Ritchie presented an almost boyish appearance. Courtesy Photos RSW Jail

The involved twin toddlers were the children of Ritchie’s then girlfriend Tabitha Zimmerman, with whom he lived on Blue Mountain Road in eastern Warren County. The children were in the care of Ritchie the day of Malachi’s death last November.

The case file and testimony on day one of the trial, which began Monday afternoon shortly after 4 p.m., indicated that Zimmerman called the Warren County Sheriff’s Office at 6:36 p.m. Wednesday, November 8, 2017 to report that her 22-month old son was not breathing. Zimmerman was not at the house, according to the case file, but had been told by Ritchie that one of her sons was not breathing.

After being treated by Warren County Fire and Rescue at the scene and in transport to Warren Memorial Hospital, Malachi Zimmerman was pronounced dead at the hospital. Cause of death was determined to be cardiac arrest brought on by internal bleeding from a ruptured intestine that flooded the child’s stomach cavity. See Related Story

It appeared from discussion between attorneys and the judge Tuesday morning that the sentencing recommendation on the three lesser felony charges – malicious wounding and two counts of cruelty causing injury to children – would be five years each, with the judge likely determining a lengthier sentence on the Second Degree Murder guilty plea.

The judge noted that the agreement does not limit the actual sentence he can impose or any probationary period, only the actual time to be served in prison.

The judge ordered a pre-sentence report prepared and scheduled a sentencing hearing for March 22, 2019, on the 9 a.m. docket. Witnesses in the courthouse for the trial were brought into the courtroom and the prosecution and defense both called out a list of those witnesses they anticipated calling during the sentencing hearing. It appeared that five Ritchie family members were on that defense list.

When 90-days was suggested to allow the probation office to prepare the pre-sentence report, defense counsel Jason Ransom asked the court if that timeframe could be expedited down to 60 days.

Ransom noted that his client has been incarcerated at RSW Regional Jail in a solitary confinement cell for 23 hours a day since his November 9, 2017 arrest – “It’s maddening,” Ransom said of his client’s jail confinement, likely imposed for his own protection.

While Athey said he would try to accommodate the defense request, he noted that the probation office was under a pretty heavy caseload right now. A probation office official present told the court the office was currently working on six other pre-sentence reports.

As discussion of court schedules and sentencing hearing witness availability took potential return dates, first into April and then May, it was agreed to return to the first Ritchie sentencing hearing date suggested – March 22.

The twins’ mother Tabitha Zimmerman, 29, has been charged on two counts of cruelty and injuries to children revolving around what prosecutors contend was a willful neglect of signs of a pattern of abuse by her former boyfriend. The Ritchie defense said in its opening statement that older marks on the children were the result of being active toddlers prone to falling and rough play with each other, not a sign of any pattern of abuse.

That is a contention Zimmerman’s attorney John Bell, who was an observer on both days of the Ritchie trial, is likely to argue as well. Following Tuesday’s developments Bell said Tuesday’s plea in the Ritchie case did not really impact his client’s defense – that the physical violence – described as disciplinary “smacking” by the defense on day one of the trial – Ritchie admitted to on November 8, 2017, was an aberration, rather than a pattern of behavior.

Zimmerman’s trial is scheduled for April 8-9-10 in the same Warren County Circuit Courtroom.

Tabitha Zimmerman at time of her arrest on charges she failed to act on indications of a pattern of behavior by her boyfriend toward her children.