Janesville man sentenced in son's death
Photo 
Charles Rivers
JANESVILLE Charles R. Rivers apologized Wednesday for making a heroin run while his son was dying of a brain injury.
"I take full responsibility," the 35-year-old Janesville man told a Rock County judge. "I made some poor decisions that cost my son his life. I am truly sorry."
Rivers was sentenced to five years in prison and five years extended supervision for the felony charge of child neglect resulting in death.
He is accused of making two drug runs for his heroin habit in December 2007 after failing to recognize that his 14-month-old son, Israel Gordon, needed medical treatment after falling in the bathtub.
"I looked at my son and made a judgment call, a bad judgment call, and because of that, my son isn't here today," Rivers said. "I'm going to grieve for this the rest of my life.
"No one hurts more than I."
Assistant State Public Defender Don Weeden told the court Rivers didn't know the seriousness of his son's injuries because the boy didn't have obvious signs of trauma.
The boy didn't have skull fractures or open cuts on his head, Weeden said, and brain injuries can appear like flu symptoms.
Rivers is negligent in his son's death, but he is not a monster or murderer, he said.
"Israel did not die because Charles used heroin that day," Weeden said. "It has nothing to do with heroin. It has to do with Charles not seeing the signs that a normal vigilant parent would have."
District Attorney David O'Leary, however, said the bathtub explanation is not consistent with the boy's injuries.
An autopsy revealed three brain injuries, he said, and a doctor believed the cause had to have been more severe.
"There is only one person who knows how this child died," O'Leary said.
Rivers lied to investigators about what happened, he said, and Rivers minimizes his responsibility.
The child was likely limp and losing consciousness while Rivers was buying drugs, O'Leary said.
"He was more concerned with his drug addiction than his son," he said.
Judge James Daley said scientific evidence shows the boy could have died hours before Rivers reported it at 9 p.m.
"How long was the child dead before someone noticed?" Daley said.
Rivers pleaded guilty to the charge in a plea agreement. A misdemeanor charge of obstructing an officer was dismissed.
The maximum sentence for child neglect resulting in death is 25 years in prison.
Rivers' co-defendant, April Peabody, 27, Janesville, was sentenced in September to 18 months probation. She pleaded guilty to misdemeanor child neglect in a plea agreement.
The two shared an apartment on Linn Street in Janesville.
Nicole Gordon, the mother of the boy, is suing Rock County for $50,000, claiming social workers failed to protect the child from abuse by Rivers.
She claims the boy was in the custody of Rock County when he was placed on unsupervised visitation with Rivers, according to the lawsuit.
Gordon claims the county didn't investigate concerns about Rivers using heroin or marks of gagging and binding on the boy, according to the lawsuit.

Apr 3, 2009 at 4:59 p.m.
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That may be true, LaDulce... I'm ticked off at the "wrist-slapping" coming out of our courts. How about a year for every month this poor little guy lived?
5 years? Wow, it really proves what value our courts put on life.
Apr 3, 2009 at 10:24 a.m.
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FYI: Nearly EVERY parent that deals with CPS claims the other parent is abusive to the children. IF there are no examples, nothing to support the case, you can't just say, "He said you were abusive." and not allow visitation. When a child is taken into custody, parents have the same criteria to re-establishing placement of the child. Because of this, parents often try to blame the other in hopes that they will get the child. Also, I have had CPS called on me as have MOST other Social workers. Parents become upset that their children are removed and call to "report" anyone involved in the removal process. Obviously, none of us are harming our children. We are working to protect all kids, but, it just points out how fervently some of these parents will accuse anyone, and, if there is no proof, there is nothing that can be done. Accusations fly constantly.
Apr 2, 2009 at 7:06 p.m.
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I have HAD it with the constant death reports of small innocent children.
If there is ANY crime which, in MY mind, equals hell and damnation both here and in the afterlife, it is the murder of a child at the hand of the parent!!!
Reading these reports, then thinking of my precious grandchildren, physically nauseates me! How is 5 years any punishment? This vermin deserves nothing at all... he should be (in MY opinion) stoned then carted off to the most vicious prison my tax money is paying for! Let "Bubba" have him and all other parents or adults in charge of the care of innocent children. They are the scum of the earth. There is a "special" place in hell for these "oxygen wasters"!!!
I can just see Jesus cradling this small child in his arms and giving this little one all the love and compassion he was robbed of, here on earth!!!
Apr 2, 2009 at 4:43 p.m.
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Charles will get what's coming to him. What goes around, comes around!!!!
Apr 2, 2009 at 3:04 p.m.
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"isreal did not die because the father used heroin that day" hmmm so your saying someone in their right mind (not on heroin) wouldn't have noticed something 'wasn't right' with their child. Heroin ALONE makes you a neglectful parent simply because your out of it BECAUSE of the drug, not to mention if your child isn't acting normal but he was to high to realize the difference. That goes with all these addicts in janesville, but the sad part about it is we have to wait for the child to DIE before anything gets done about it. I know it's hard to get enough evidence to take a child away BUT these kids are NOT safe and are being neglected and no matter how many people report it even on the same issue NOTHING ever gets done, question is are good people just wasting their breath by reporting these fools who care more about the drug then their kid, even with the evidence rock county doesn't do anything. They ask the parent if the 'accusations' are true, the parent LIES and rock county leaves them be. One more thing rock county, if your going to drug test these parents don't warn them 1 or 2 weeks ahead so they can get clean pee or sober for 3 days (thats all it takes to get clean from heroin) they should change the name to parent protective services
Apr 2, 2009 at 2:05 p.m.
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"She claims the boy was in the custody of Rock County when he was placed on unsupervised visitation with Rivers, according to the lawsuit.
Gordon claims the county didn't investigate concerns about Rivers using heroin or marks of gagging and binding on the boy, according to the lawsuit."
Good for her! How many children have to get hurt before the county listens to assusations like this!!?? I understand it's important to reunite children with their parent, BUT if there are drugs and signs of abuse it makes NO SENSE!! If there were warinings and they were left ignored, that should be brought out and investigated!!!
I would like to know the reasoning behind the gazette pulling the other story also!?
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