Dylan Schumaker Teen Killer Beats A 23 Month Old Child To Death In New York

Dylan Schumaker photos
Dylan Schumaker Photos

Dylan Schumaker is probably best known for crying in the courtroom that ended up on YouTube but the reason he was in that courtroom should be the focus. Dylan Schumaker was left to babysit his girlfriends young child and by the end of the night the child was dead. According to court documents Schumaker would fatally beat the child when he would not stop crying.

Dylan Schumaker would be arrested and convicted of the murder along with child abuse charges. When he was to be sentenced he allegedly told the guards that they should watch the performance he was going to put on in the courtroom. The rest of course is history on YouTube. This teen killer was sentenced to twenty five years to life in prison for the murder

Dylan Schumaker 2020 Information

DIN (Department Identification Number)14B0189  
Inmate NameSCHUMAKER, DYLAN  
SexMALE  
Date of Birth01/09/1997  
Race / EthnicityWHITE  
Custody StatusIN CUSTODY  
Housing / Releasing FacilityCLINTON  
Date Received (Original)01/23/2014  
Date Received (Current)01/23/2014  
Admission TypeNEW COMMITMENT  
County of CommitmentERIE  
Aggregate Minimum Sentence0018 Years, 00 Months, 00 Days
Aggregate Maximum SentenceLIFE Years, 99 Months, 99 Days
Earliest Release Date03/12/2031  
Earliest Release TypePAROLE ELIGIBILITY DATE  
Parole Hearing Date11/2030  
Parole Hearing TypeINITIAL RELEASE APPEARANCE  
Parole Eligibility Date03/12/2031  
Conditional Release DateNONE  
Maximum Expiration DateLIFE  

New York Department Of Corrections

Dylan Schumaker Other News

A Springville teenager who fatally beat his girlfriend’s 23-month-old son told a judge Friday that he did not intend to kill the toddler.

“I never wanted to hurt Austin. I never wanted Austin to die,” Dylan Schumaker, 17, said in a tearful apology to his 19-year-old girlfriend in a Buffalo courtroom.

Jurors who convicted Dylan Schumaker of second-degree murder last month didn’t buy it.

Neither did State Supreme Court Justice M. William Boller. He sentenced Dylan Schumaker to 25 years to life in prison, the maximum punishment.

“At 16 you knew right from wrong,” Boller told Schumaker, who turned 17 this week. “You knew it was wrong to keep punching his head.”

Dylan Schumaker previously testified he put a pillow on the back of Austin’s head and punched it to stop him from crying and waking his baby brother.

The March 19 attack occurred while he was baby-sitting Austin and Austin’s 3-month-old brother.

Dylan Schumaker lived with his mother, along with Ashlee Smith and her two sons, in his mother’s home on Cochran Avenue. He was 16 at the time of the attack. Neither of the children was his.

The judge called the trial testimony gut-wrenching. Witnesses described the attack and Austin’s extensive head injuries that led to brain bleeding and the toddler’s death.

The judge said the last minutes of Austin’s life must have been terrifying. “He loved you, he trusted you, and you betrayed him,” Boller said.

The judge questioned Dylan Schumaker’s testimony at trial that he did not intend to kill Austin or realize his actions could kill the toddler.

Boller called Dylan Schumaker “a manipulator and deceiver.”

The judge said he took note of a comment Schumaker made in a phone conversation with his mother last July while in the Erie County Holding Center awaiting trial.

“I’m a 16-year-old blond. Probably all I have to do is cry, and they’re going to feel sorry for me,” Dylan Schumaker told her, referring to the jury.

The judge also cited the 200 texts Schumaker sent as he baby-sat the two children while his girlfriend worked her night job at a Springville restaurant.

In those texts, the judge noted, Dylan Schumaker tried to set up a sexual tryst with a girl and sell drugs to his friends.

“But when the texting stopped, the beating started,” Boller said.

For a 17-year-old, Dylan Schumaker has caused so much pain and grief for so many people, the judge said. He said he received letters from 13 people describing how Schumaker’s crime impacted them.

“The night of March 19, my family’s life was decimated because this didn’t have to happen,” Michael Smith, Austin’s grandfather, told the judge in court, his voice breaking.

“He had numerous opportunities to get out” of the house and seek help, Smith said. “But he didn’t.”

Smith asked the judge to consider the family’s feelings in sentencing Dylan Schumaker.

“We’ll never get Austin back,” he said, crying. “A piece of our heart will always be missing.”

Joseph Terranova, Schumaker’s attorney, agreed with Smith.

“This didn’t have to happen,” Terranova told the judge. “If the Smith family hadn’t thrown Ashlee and her children out” of the house, “they wouldn’t have ended up at Dylan’s home,” with the children being baby-sat by a teenager who was unable to control his anger and ill-equipped to take care of them.

Doctors prescribed medicine for Dylan Schumaker to treat his anger and attention-deficit hyperactivity disorder, but he chose not to take it, Schumaker said during the trial.

Terranova said the minimum sentence of 15 years to life would be a more reasonable punishment, given his client’s tough childhood, his remorse over Austin’s death and his inability to take care of children.

“What about the protection of the community?” the judge asked Terranova. “If he is released in 15 years, who’s to say it won’t happen again?”

The defense attorney said no one can predict what will happen, but he assured the judge that his client “is not a serial killer who will get out and want to kill another kid.”

“To blame anyone other than Dylan for what happened flies in the face of reality,” said homicide prosecutor Colleen Curtin Gable.

Although Dylan Schumaker was inexperienced as a baby sitter, what he did to Austin is not what a normal 16-year-old would have done, she said.

By taking in Ashlee Smith and her children into his mother’s home, “I was trying to do what my father didn’t do – be there,” Schumaker told the judge.

He then turned to Ashlee Smith. “Ashlee, I’m sorry,” he said, crying as she and others started crying. “I never wanted to hurt Austin. I never wanted Austin to die. I don’t know why I didn’t go for help.”

He told the judge he did not have a good family life growing up, but he thanked his family members for attending the sentencing.

As he was brought into court for sentencing, Dylan Schumaker cried out, “I didn’t mean to hurt him. You know I loved Austin.”

During his trial, Schumaker told the jury that he slapped Austin’s face and spanked him when he spit out his food and used an obscenity. He also admitted he slammed the boy’s head on the floor while changing his diaper as the child tried to get up and that he later put a pillow over the back of his head and punched it three times because he was afraid that the boy would wake up his baby brother.

He said it was only the second time he had taken care of both the boys.

Dylan Schumaker Photos

Dylan Schumaker photos
Dylan Schumaker Photos
Dylan Schumaker Photos
Dylan Schumaker Photos

Dylan Schumaker Video

Dylan Schumaker Video

Dylan Schumaker Other Links

Teenager Sentenced To Length Prison Term For Killing Girlfriends Son

Appellate Court Reduces Dylan Schumaker Sentence

Dylan Schumaker Vs New York State

Frequently Asked Questions

  1. Dylan Schumaker 2020 Now Update

    Dylan Schumaker is in the Clinton Prison in New York State

  2. Why Is Dylan Schumaker In Prison

    Dylan Schumaker was convicted of beating to death a twenty three month old infant in New York State

  3. Dylan Schumaker Release Date

    Dylan Schumaker is serving an eighteen to life sentence for the murder of a twenty three month old child. His first parole hearing is in 2030

Dylan Schumaker More News

At the time of the underlying crime, Petitioner was 16 years old and resided with his mother, his 19-year-old girlfriend, Ashlee Smith (“Ashlee”), and Ashlee’s two children, 23-month-old Austin and two-month-old Kristopher. Petitioner is not the biological father of either Austin or Kristopher. On March 19, 2013 at roughly 4:20 p.m., Ashlee went to work at her job at Pizza Hut, leaving Austin and Kristopher in Petitioner’s care.

At approximately 8:20 p.m. that same day, Petitioner called 911 to report an unresponsive child. Erie County Sheriff’s Deputy Benjamin Pisa (“Deputy Pisa”) responded to the call. Upon arriving at the scene, Deputy Pisa ran past Petitioner and his mother, who were standing on the porch, to an upstairs bedroom where he found Austin lying on a bed, bleeding out of his mouth and with large bruises on both sides of his face. Austin’s pupils were dilated and he did not appear to have a pulse. Deputy Pisa undertook lifesaving measures (without success) until an ambulance arrived, at which time he wrapped Austin in a blanket, carried him downstairs, and placed him in the ambulance.

Erie County Sheriff’s Deputies Donald Hoelscher (“Deputy Hoelscher”) and Jason Bouton (“Deputy Bouton”) arrived at the scene shortly after Deputy Pisa. As Deputy Hoelscher passed Petitioner on the porch, he overheard Petitioner say, “oh my God, she’s going to kill me.” Deputy Bouton overheard Petitioner say, “I can’t believe I did this” and “oh my God, I didn’t mean for this to happen.”

Deputy Bouton asked Petitioner, who was still on the porch, what had happened. Petitioner stated that Austin had fallen down the stairs, but that he was acting normal thereafter and had been bathed and put to bed. Petitioner also told the police that he had sent Ashlee a text message after Austin fell down the stairs. As Austin was moved out of the house, Petitioner stated that he felt like he had killed a thousand babies.

Ashlee was at the scene by this time, but was told she could not ride in the back of the ambulance with Austin. Upon hearing this, Petitioner became agitated. Deputy Pisa handcuffed Petitioner and placed him in the back of a patrol car, but explained that Petitioner was not under arrest and was being restrained only so he could compose himself. After Petitioner calmed down, Deputy Pisa removed the handcuffs. While Petitioner was still in the back of the patrol car, he agreed to turn his cell phone over to the police. The police seized the phone to confirm Petitioner’s statements about having texted Ashlee.

Deputy Pisa transported Petitioner to the police substation in his patrol car. At the police substation, Petitioner sat on a bench for roughly an hour before Erie County Sheriff’s Department Detective John Graham (“Detective Graham”) asked him to speak in private. As Detective Graham and Petitioner walked to a conference room, Petitioner asked if Austin had died, and Detective Graham said that he had. Once in the conference room, Detective Graham told Petitioner that he was not under arrest and that he was free to go. Detective Graham then administered Miranda warnings to Petitioner, advising him that he had the right to remain silent, that anything he said could be used against him in a court of law, that he had the right to have counsel present during questioning, and that an attorney would be provided if he could not afford one. Detective Graham read each warning individually and asked Petitioner if he understood it. Petitioner confirmed that he understood the warnings and, at 11:58 p.m., placed his initials on the card from which the warnings were read. Petitioner agreed to speak to the police and did not ask that anyone else be present during the questioning.

Speaking to both Detective Graham and Erie County Sheriff’s Department Detective Gregory McCarthy (“Detective McCarthy”), Petitioner stated that Austin had fallen down the stairs aat approximately 5:20 p.m. and that he had texted Ashlee to let her know. Austin was bleeding from the mouth at that point, likely from biting his tongue. At 6:30 p.m., Petitioner fed and bathed Austin, and at 8:00 p.m. he put him to bed. At 8:20 p.m., Petitioner checked on Austin and observed that he was sweaty, limp, and non-responsive. Petitioner alerted his mother, who told him to call 911.

Detective McCarthy left the room and Erie County Sheriff’s Captain Gregory Savage (“Captain Savage”) entered. Petitioner told Captain Savage some additional facts. In particular, Petitioner told Captain Savage that Austin had fallen down three stairs and that Petitioner had notice blood on his mouth and a mark on his face. Petitioner further told Captain Savage that Austin had told him to “fuck off” and that Petitioner had spanked the child in response. Additionally, Petitioner reported that Austin had fallen on his rear end while in the bath tub.

Captain Savage left the room and Detective McCarthy reentered. Detectives Graham and McCarthy informed Petitioner that they did not believe his story and that they thought Petitioner had hurt Austin out of frustration. Petitioner initially denied having hurt Austin, but then admitted that he had. Petitioner indicated that it was too difficult for him to say aloud what had happened, and the police gave him a pen and pad to write on. Petitioner wrote a statement, which he signed at 2:08 a.m., setting forth a different version of events. According to this statement, Ashlee had left for work earlier than normal, and Austin was acting rambunctious and had ripped his bed apart. Petitioner spanked Austin, but he continued to act out. Petitioner then grabbed Austin by the neck and stomach and carried him to the bedroom. Austin was kicking and screaming, and Petitioner threw him onto the bed and smacked him with the back of his fingers. Petitioner then gave Austin juice and put him down for a nap. After Austin awoke from his nap, Petitioner heard two bangs from the stair area and heard Austin scream. He asked Austin if he was hurt and Austin said yes. Petitioner changed Austin’s diaper and observed that he seemed fine. Petitioner fed Austin, at which time Austin told him to “fuck off.” Petitioner smacked Austin on his buttocks. At approximately 8:15 p.m., Petitioner tossed Austin onto the bed. Shortly thereafter, Petitioner heard a noise — Austin had fallen down the stairs and was bleeding from the tongue. Petitioner shook Austin. Subsequently, when Austin became unresponsive, Petitioner called 911 while his mother called Ashlee.

The police told Petitioner that they did not believe his written statement and that an autopsy of Austin would be performed. Petitioner agreed to a formal interview, and the detectives confirmed with him that he still understood his Miranda warnings. In response to questioning by Detectives Graham and McCarthy, Petitioner verbally described shaking, slapping, slamming, and punching Austin. A typed statement based on Petitioner’s responses was prepared. According to the typed statement, after Ashlee left for work, Austin was rambunctious, kicking and screaming as his diaper was changed. Petitioner grabbed Austin by the neck and held down his arms and legs. Austin napped until about 5:00 p.m., and then he and Petitioner ate together. Austin spit food at Petitioner and told him to “fuck off,” and Petitioner smacked the child in the face. Petitioner slammed Austin’s head into the floor while changing his diaper and spanked him after giving him his bath. Austin was being loud, and so Petitioner placed a pillow over his head (to avoid waking Kristopher) and punched him three times. Petitioner also indicated that Austin had fallen while they were walking down the hallway. Petitioner shook Austin to keep him awake until bedtime. After putting Austin to bed, Petitioner checked on him and he seemed fine. Petitioner returned five minutes later and Austin was breathing funny, his eyes were half open, there was more blood on his lip, and he was sweaty. Austin was not responsive. Petitioner alerted his mother, who was downstairs, and removed Austin’s clothes. Petitioner then called 911. Petitioner indicated that he had hurt Austin because he was frustrated and that he had not meant to do it. Petitioner was arrested after making this final statement.

https://www.leagle.com/decision/infdco20180629h21


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