Phillip Clifton Boswell, 40, Minot, who had originally been charged with Class A felony child abuse, pleaded guilty on Wednesday to an amended charge of Class C felony child neglect in district court in Minot. Clifton admitted that he failed to take a baby with a broken arm to the hospital for treatment for up to nine days after the child sustained the injury. The prosecution had originally accused Boswell of breaking the baby girl’s arm and causing her a permanent disability, but admitted on Wednesday that they can’t prove that Boswell was the one who actually hurt her. There were five adults living in a trailer with the baby at the time, including the baby’s mother. Boswell is not the baby’s father.

Judge Gary Lee sentenced Boswell to 360 days in jail, all suspended but the 56 days he already spent in the Ward County Jail, and 18 months of supervised probation. The charge will be reduced to a Class A misdemeanor if Boswell successfully completes probation. The state had previously dismissed a Class C felony tampering with physical evidence charge against Boswell.

Boswell and his co-defendant, Donna Jean Kajune, 25, brought the baby to the hospital emergency room with a broken arm on March 29. A witness told authorities that Boswell had grabbed the baby by her arm or leg and threw her onto a bed on multiple occasions when he was angry and Kajune had been present and did not intervene, according to a probable cause affidavit filed with the court. Ward County Assistant State’s Attorney Leah Viste acknowledged that the prosecution can’t prove that at trial. A doctor said the baby had been injured up to nine days before she was brought to the hospital and the injury could not have happened the way the adults said it did. The baby would have exhibited signs of discomfort for days but the adults did not take her to the hospital immediately. The baby was removed from the household by Ward County Social Services after the incident, according to statements made in court, and Boswell has been ordered to have no contact with her unless it is approved by Social Services.

Kajune is scheduled to go to trial on Nov. 16 on a Class B felony child abuse charge.