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Ex-O.C. Man Sentenced in 1994 Death of Infant Son

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TIMES STAFF WRITER

A former San Clemente man was sentenced to six years in prison Wednesday in connection with the 1994 death of his 4-month-old son, whom authorities said had been abused.

Christopher Miller, 33, of Big Bear was convicted in September of felony child abuse, two days after a judge dismissed a second-degree murder charge in the death of Alexander “Cole” Miller, ruling that prosecutors had not adequately established the cause of the baby’s death.

The baby’s mother, Tina Jo McCleeary, 33, who had been living with Miller since 1990, is awaiting trial on child endangerment charges.

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Deputy Dist. Atty. Camille Hill sought the maximum six-year sentence for Miller, asking Superior Court Judge Leonard H. McBride to consider the “full extent of torture and pain [the child] had suffered throughout his life.”

Medical officials said the infant, who died Jan. 6, 1994, showed signs of new and old rib injuries and head trauma consistent with child abuse cases, Hill said.

Miller denied ever abusing the child, but said he squeezed Cole to keep the child from crying on the night of the death in the couple’s San Clemente home, according to the pre-sentencing report. About 15 minutes after the couple left the home that night to run errands, McCleeary’s 13-year-old daughter discovered the infant had stopped breathing and summoned help.

Miller, who last worked as the manager of a catering cart, told a probation officer he believes the child could have died of sudden infant death syndrome, an unexpected death of an apparently healthy infant during sleep, the cause of which is unknown.

Miller, whose previous criminal record includes burglary and domestic abuse convictions, said he’d like to seek custody of his young daughter, who was born after Cole’s death and is in foster care, according to the report.

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