A California man who shook his Tooele girlfriend’s 18-month-old child was ordered in 3rd District Court Tuesday to complete a 60-day psychological evaluation at the Utah State Prison prior to being sentenced.

George Luis Garcia, 37, called 911 on April 10 and reported that his girlfriend’s baby boy was experiencing very shallow breathing. When police arrived, they found the infant unresponsive, a grayish color, and covered in vomit, according to a probable cause statement.

The infant was transported to Mountain West Medical Center and then airlifted to Primary Children’s Medical Center. A doctor there told police the infant had suffered a subdural hemorrhage on the top of the brain, had internal bleeding all around the brain, and had bruising to the front of the brain. The doctor stated that the injuries were consistent with shaken baby syndrome, according to court documents.

When questioned by police, Garcia admitted to shaking the baby out of frustration.

Garcia was originally charged with child abuse involving physical injury, a second-degree felony. He was allowed to plead guilty, however, in September to third-degree felony child abuse involving physical injury as part of a plea deal with county prosecutors.

The deal was struck despite the pleadings of the victim’s mother that it was too lenient.

Tooele County Deputy Attorney Gary Searle said amending the charge to a third-degree felony was a fair solution considering the lesser degree of bodily injury sustained by the child compared to other cases.

Defense attorney Chelsea Koch called the incident a lapse of judgment on Garcia’s part.

“Mr. Garcia is terribly upset about the impact his actions have had on the child,” Koch said, prior to recommending that her client complete a diagnostic at the prison. “I think there is some additional information that is needed in this case.”

Judge Stephen Henriod explained to the victim’s mother, Dawn Gilbert, that the diagnostic would help the court understand Garcia’s thought processes at the time the shaking took place, ensuring an appropriate sentence.

Gilbert said her son’s condition has improved as of late due to a change in medications and a feeding tube that was installed.

Sentencing for Garcia was rescheduled for Feb. 17, following the completion of the diagnostic.

Jamie Belnap: jamieb@tooeletranscript.com