Last December, police in Chicago arrested 22-year-old dad Andre Curry. He was charged with aggravated domestic battery and unlawful restraint stemming from a photo he posted to his Facebook account, showing his 22-month-old daughter with her hands and feet bound with tape, and tape covering her mouth. A caption on the photo read, “This is wut happens wen my baby hits me back.”
Curry was acquitted Tuesday of the unlawful restraint charge. His attorney argued before Judge Lawrence Flood that Curry is a good dad who did a dumb thing: “Was this something stupid to do? No question about it,” said Attorney Sam Adam Jr. ”But they’re asking you to find him guilty of some very serious charges.” Prosecutors said the tape obstructed the girl’s breathing but no evidence of injury was presented. The Chicago Tribune reports that the child’s mother, Yasmin Doss, defended Curry throughout his ordeal. Curry insisted the photo was meant to be a joke; according to a Detective, “He said the child was only taped up for a maximum of 30 seconds.”
Curry still faces a more serious charge of aggravated domestic battery, for which he could serve up to 7 years in prison. Judge Flood said he needed more time to decide on this charge.
After Curry posted the photo to his profile, he began to receive comments from friends who apparently didn’t think the photo was as amusing as he did. One person commented with, “U goin to jail.” Taking down the picture was not enough to undo the damage that was done – the photo began to circulate online, generating significant outrage and promping several calls to police. A woman whose sister once dated Curry told The Smoking Gun that the photo does not show child abuse, and that Curry was “being playful with his child.”
Curry is free on bond and is not allowed contact with his daughter except with DCF supervision.