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Melissa Thibodeaux said in court that her 2-year-old son, Spencer Dion, had been sentenced to a life in prison – the prison of living with severe brain damage for the remainder of his existence.
District Judge George Larke Jr. sentenced Paul Dion Jr., Spencer’s biological father, to 30 years for severely shaking and injuring the boy when he was 13 weeks old.
The sentence was one Larke and judicial district chief of trials Mark Rhodes agreed was far less severe than either of them would like to have seen. Rhodes had requested a maximum 40-year sentence.
Verdict to Punishment
Dion, 46, waived his right to a jury, so the case was presented as a three-day bench trial. Larke found Dion guilty on Nov. 18, 2011, only to witness him flee the Houma courthouse, saying he did not want to go to jail. Dion was captured one week later at a relative’s home in New Orleans.
“I would love to give you 40 years,” Larke told Dion in open court. The judge said a maximum sentence in any case is reserved for the most hideous of circumstances, and although he found no excuse for the defendant’s actions, he could not justify the added 10 years, knowing that damage to the victim could have been committed in an even more brutal manner.
“I seldom make comments about sentencing,” Rhodes said. “Mr. Dion’s guilt is not the issue. There is no question about guilt … the effect of this crime is there was never an acceptance of responsibility.”
When asked by Larke if he would like to comment, Dion implied that he could have caused greater harm if he had so desired. “If I shook my son so bad, how come he didn’t have bruises?” Dion asked.
During testimony it was revealed that in addition to neurological damage, the child had three broken ribs following an unsupervised visit with his father nearly two years prior to this case coming to court.
“I’ve studied this, slept on this and prayed on this,” Larke said. “It would have made this sentencing easier if Dion gave some reason for his action.”
Dion’s defense attorney, Anthony Marshall, confirmed following sentencing that he will appeal. “[Dion] was a first time offender,” Marshall said. “Whatever happened, it was neglect and not criminal.”
Paul Dion Sr. was present for sentencing, but offered no comment afterward. A telephone listing for the defendant’s mother, Doris Dion, yielded a recording about the number having been disconnected.
After sentencing, Thibodeaux said knowing Dion would be in his 70s by the time he is released from state custody, and at least 66 by the time he is eligible for parole, means little when it comes to restitution for her son.
Parents Involved
Born Melissa Panvelle, Thibodeaux was born and raised in Lafourche Parish. Throughout her teenage years she went to school, babysat and held odd jobs. By the time she graduated high school she was able to pay cash for a small house within 100 yards of her parent’s home on La. Highway 1 in the Lafourche Crossing area.
As an adult she worked as a health care provider for the elderly and did custodial work on the side.
Melissa Panvelle married her junior high school sweetheart, Alan Thibodeaux, in 2003. The couple wanted to build a family, but two miscarriages made the prospects of them having children unlikely.
Alan Thibodeaux died of a massive heart attack in 2006. His widow dealt with the loss by absorbing herself in work.
Paul Dion Jr. grew up in the Montegut and Pointe-aux-Chenes areas. Following severe hurricanes in 2008, Dion and his mother moved from their flooded house off Island Road into a mobile home in Bourg.
Dion never married nor had children. He worked off-and-on as a welder and truck driver. In 1983, he was convicted of felony theft to establish an official record with the judiciary.
As contract sitters for the same elderly woman, Thibodeaux and Doris Dion worked together. Eventually, through this connection, Spencer’s future parents were introduced, developed a relationship and were engaged to be married.
When Thibodeaux found out she was pregnant, Dion made no secret about not wanting a child. “All the time I was pregnant he wanted me to get an abortion, but I said no,” Thibodeaux said. She revealed that during their relationship, Dion was both emotionally and physically abusive to her.
Going to term, Thibodeaux immediately referred to her son as a miracle baby. Spencer was characterized normal at birth, although small at only five-pounds 10 ounces. “Nothing was wrong,” Thibodeaux said. “I had a perfect delivery and everything.”
Spencer’s Experiences
During her pregnancy, Thibodeaux instructed Dion to leave her home. He returned to his mother, was allowed back, but was again told to leave.
“I let him move back in after Spencer was born, thinking I could show him how to raise a baby, but we were not intimate and he was staying in that room and I was sleeping in another room,” Thibodeaux said.
On Oct. 31, 2009, Dion took seven-week-old Spencer from his mother in the first of two major incidents described during his trial. “We had a fight that night,” Thibodeaux said. “Paul said ‘I’m tired of this s***,’ and scooped Spencer up and took him out the door without a car seat, bottle, formula, clothes, hat, anything.”
Dion was not located for two days until he called Thibodeaux from his home in Bourg, wanting her to take Spencer for medical attention. “When we got to the doctor’s office, Paul said, ‘Don’t make me look bad or I’ll take him again,’” she said.
Medical professionals were suspicious of three scratches above the baby’s left eye and his experiencing unwarranted digestive reflux.
On Dec. 11, 2009, Dion was allowed an unsupervised weekend visit with his son in Bourg. The next day, Thibodeaux received a telephone call from Dion who claimed something was wrong with Spencer. It took two hours before Dion agreed to return Spencer to his mother at a neutral location on La. Highway 182.
“I took Spencer home … I took him out of his car seat and he was lifeless,” Thibodeaux said through tears. “I called Thibodaux Regional Hospital. I took him and the doctor checked him and said he either had spinal meningitis or was severely abused.”
Authorities questioned Thibodeaux while doctors performed a CAT scan, determined the child had been abused and notified Children’s Hospital in New Orleans that a transport was needed. “When they got Spencer to Children’s Hospital, the organ transplant team was waiting,” she said. “They did not expect him to make it and they were waiting for his organs.”
Dion was arrested on Dec. 15, 2009, but released on his own recognizance. From that time through the course of his trial, Dion was in and out of jail for violating restraining orders filed by Thibodeaux.
Mother and Child
Thibodeaux admits challenges are many for her and her son, but holds to her faith and belief that Spencer’s story could help other children.
“I want other mothers to learn from us what can happen,” Thibodeaux said. “Not so much what another person can do, but how fragile babies are.”
Shaken-baby syndrome is a catch-all phrase referring to neurological damage that occurs to an infant due to brain injury or a snapped spinal column when shaken by another person.
Approximately 30 percent of cases are fatal, according to the National Center on Shaken Baby Syndrome. More than 60 percent of victims are between the ages of four and six months and most survivors suffer long-term disability.
The NCSBS reported that costs associated with caring for a child with brain injuries easily exceeds $3 million and can be limitless depending on how long the victim lives.
Thibodeaux, like most women in her position, is restricted from working because of the constant care her son needs. She is also limited with any assistance her parents, both in their 70s, might offer.
“I should be helping them at this time in life, not needing them to help me,” Thibodeaux said. “I’ve always worked and helped others. Now I have to be on this end.”
The monthly $698 that comes in through federal assistance for Spencer is his and his mother’s sole source of income. Even with limited resources, Thibodeaux said she wants to be a positive example for others.
“Every person Spencer comes in contact with falls in love with him,” Thibodeaux said. “I know God will use him. As hard as this is, I know there is a purpose. I prayed for a miracle in the past. But with Spencer, we’re living a miracle right now. He is starting to say some words and moves his legs wanting to walk. I know some day he will tell his story.”
“[Dion] should have known better. He did know better, he just didn’t care,” Rhodes said.
“Yes, we are living in a prison,” Thibodeaux said. “We are also living a miracle. We’ll just have to see what happens.”
With physical therapy and use of tools including a special-designed walker, Spencer Dion, 2, takes one small step toward his mother, Melissa Thibodaux, but one giant leap in the message his family says his experience holds for others.
