LOCAL

Newark foster father sentenced to 4 years in prison in child's 2018 death

Michaela Sumner
Newark Advocate
Kenneth Schulz breaks down while apologizing in court during a sentencing hearing on Monday, Aug. 19, 2019. Schulz was sentenced to four years in prison after he pleaded guilty to  charges filed in the death of his 5-year-old foster child Nathaniel Gard.

This version corrects a previous version of the story, which misstated the prison sentence.

NEWARK - A Newark man was sentenced to four years in prison after he pleaded guilty to charges filed in the death of his 5-year-old foster child.

Kenneth S. Schulz, 30, of Newark, pleaded guilty to one count each of involuntary manslaughter, a first-degree felony; and endangering children, a third-degree felony, in Licking County Common Pleas Court two weeks ago.

A murder charge and additional count of endangering children were dismissed as part of the plea deal. Assistant Licking County Prosecutor Paula Sawyers told The Advocate children's services saw the children in the days leading up to the incident, and the children frequently went to doctors who expressed no concerns about child abuse, which were factors that led to the outcome of the charges.

During a recent plea hearing, Assistant Licking County Prosecutor Jenny Gonzalez-Wells said in June 2018, Schulz "caused serious physical harm" to 5-year-old Nathaniel Gard while at their Newark home. She noted Gard's injuries, which included severe head trauma, bilateral retinal hemorrhages, detached retinas, among other injuries.

More:Foster care officials saw no signs of abuse prior to 5-year-old boy's death

More: Murder charge dropped as Newark man pleads guilty in death of foster child

More:Mother sentenced to nearly 5 years in prison for smothering baby

Schulz's voice broke repeatedly as he tearfully apologized to Nathaniel's biological family, medical professionals, and the adoptive and foster community. He said he wished he could apologize to Nathaniel.

"Please understand that he was more than just a foster kid to me," Schulz said, later saying there was no malicious intent or abuse. He said he would never intentionally hurt Nathaniel or his brother.

Schulz said he hopes one day he can reach out to dads and uncles everywhere who play wrestle with their children so they can find a better way to "playfully engage" with kids.

"I thought that we were doing everything right. We were told that we were doing everything right - with playful engagement," Schulz said, explaining his father had play wrestled with him as a child. "It's not okay - it was reckless and it led to something so horrible that if I could just go back in time and do it all over again, to change the outcome. But it's too late and I understand that."

Nathaniel's family remembers him in court

Over 40 people appeared for the hearing Monday morning, some of whom spoke tearfully as they remembered Nathaniel. Others spoke about the trauma his brother, who was 6 at the time, endures.

A handful of people also spoke in support of Schulz.

John Gard, Nathaniel's maternal grandfather, described the moments that followed a phone call he said he'd never forget. As he and his wife rushed to the hospital, Gard said he was unable to drive he was so upset.

John Gard, the maternal grandfather of Nathaniel Gard, describes the moments after a phone call he says he'll never forget during a sentencing hearing for Nathaniel's foster parent Kenneth Schulz. Schulz was sentenced to four years in prison after he pleaded guilty to charges filed in the death of his 5-year-old foster. Gard and his wife now have custody of Nathaniel's brother, who he said is scarred because of the trauma.

Gard affectionately described his grandson, saying his "beautiful smile could melt you on the spot."

Since then, Gard said they've adopted Nathaniel's older brother, who he said is scarred from the trauma of that day and the ones that followed.

"The defendant will someday be able to finish his prison term and then be able to start his life over," Gard said. "Nathaniel was never able to start kindergarten."

Nathaniel's grandmother, Elaine Gard, described Nathaniel as a "smiley little guy." She too commented on the the effects of that day on Nathaniel's brother, who has been learning to keep his angry feelings under control.

Elaine Gard said after more than a year with his grandparents, he's begun to trust his grandfather and learned to say 'I love you' again and mean it.

Another woman who adopted one of Nathaniel's brothers mourned the lost opportunity for her son to know his biological brother. A woman who said she served as a foster parent to Nathaniel's brother in June and July last year broke down as she shared how she took the child to see his brother on life support, then during a private viewing.

Mackenzie Peterson, a child psychologist, said she's been working with Nathaniel's brother through play therapy. In her 15 years working as a child psychologist, Peterson said she's never seen such trauma. She described the child as in a "constant state of flight or fright" and said his life will be impacted forever.

Speaking in support of Schulz, a woman who identified herself as a cousin said he's shown nothing but remorse and that while nothing will erase the trauma, she asked Marcelain to consider the incident wasn't intentional.

Another woman who met Schulz at church said the foster children flourished under Schulz and his husband's care. She added how Schulz continually talks about how much he loved his boys.

Newark police detective Steve Vanoy, who investigated the case, said Schulz had the opportunity to tell emergency personnel what happened, but he didn't until several hours later. While he wasn't sure telling sooner would've made a difference in Nathaniel's outcome, Vanoy questioned why Schulz didn't explain then what happened.

During the hearing, Sawyers said Schulz was a licensed foster father and received specialized training, and was "expected to provide a safe and stable, caring environment for Nathaniel."

Sawyers noted Schulz and Nathaniel's height and weight differences.

"The defendant himself to the police described Nathaniel as 'very fragile' and 'very developmentally disabled.' He knew about the Arachnoid cyst that Nathaniel was born with, which created even greater risk of head injuries to the child," Sawyers said. "And yet, he used what he described as WWE wrestling moves, which he described as a body slam and a power bomb move..."

Judge asked to impose 10-year sentence

Sawyers recommended Judge Thomas Marcelain impose a 10-year prison sentence.

Defense attorney Eric Brehm said his client has been haunted by the events that led everyone to the courtroom on Monday morning. Brehm noted Schulz didn't have any criminal background and had several supporters in the courtroom.

While Brehm said he wasn't there to excuse what happened, he asked Marcelain to consider Schulz' criminal record and that a similar act is unlikely to occur.

In imposing a sentence, Marcelain said Nathaniel's injuries were exacerbated by his physical condition and age. He added Schulz' position as his parent required him to prevent those injuries.

Marcelain continued saying he didn't doubt Schulz' remorse and acknowledged he took responsibility by entering a guilty plea.

Referencing other similar cases, such as Danielle Dush, Marcelain sentenced Schulz to four years in prison with 441 days of credit for time served. Upon his release, Schulz will be required to complete five years of post-release control.