(CHICAGO) — A Chicago father who posted a Facebook photo of his little girl bound with tape has been acquitted of an unlawful-restraint charge, but a judge said he needed more time to rule on an aggravated domestic-battery count.
Andre Curry, 22, used painter’s tape to bind his 22-month-old daughter’s wrists, ankles and mouth, and placed the photograph on Facebook, according to the Chicago Police Department.
Curry posted the image with the caption, “This is wut happens wen my baby hits me back ; )”
Since his arrest in December, Curry and his defense team have denied the charges, saying he is a good father who was just being playful with his daughter.
“Was this something stupid to do? No question about it,” Curry’s attorney, Sam Adam Jr., said in court, according to the Chicago Tribune. “But they’re asking you to find him guilty of some very serious charges.”
Curry, who has since removed his Facebook page, could face up to seven years in prison if he is convicted on the more serious aggravated domestic battery charge.
The toddler is in the custody of her mother. Curry is banned from having contact with his daughter unless it is through the Illinois Department of Children and Family Services.
The judge did not set a date Tuesday for when he will rule on the aggravated domestic-battery count.
Copyright 2012 ABC News Radio
Ray Sanchez, CNN Newswire
Chuck Johnston, CNN Newswire