A former Gary man got an 11-year split term Tuesday for his baby son’s death.

His lawyer Patrick Young said Devon Howard was caring for four kids on his own, including two born addicted to drugs.

Howard wasn’t watching when one of the children placed the baby on a top bunk bed, who fell off. The child, Devon Howard, Jr., only 23 days old, was taken to Methodist Northlake before he was later airlifted to the University of Chicago Comer Children’s Hospital where he was later pronounced dead.

A Lake County Metro Homicide Detective was called at 3:40 a.m. April 29, 2022, to an apartment on the 5800 block of Cypress Avenue in Gary for an unresponsive child. Howard, Sr. told dispatchers his son was “possibly choking” or making a “strange noise” that started the day before, according to the affidavit.

The Cook County Medical Examiner’s Office told Indiana investigators that a Comer’s doctor found the boy was hemorrhaging in his brain. It was a “non-accidental injury,” she concluded.

Howard told police his son started fussing the day before and he tried to soothe him by changing his diaper and making a warm bottle. He propped up the bottle by the boy so he could keep eating, then went into another room to pick up a phone conversation with a relative, according to court records.

A half-hour later, the child was “screaming” and “trying to turn over,” he told police.

As he started CPR, the child was gasping for air, he told investigators. He called 911 and paramedics came quickly, Howard said.

His client was “not equipped” to handle that many children on his own, Young said. It was a “sad situation.”Howard, 28, admitted July 24 to neglect of a dependent resulting in serious bodily injury, a level 3 felony, court records show.

Judge Gina Jones sentenced him to 11 years — he would have to serve seven, then can petition with good behavior to go to Lake County’s community transition court, modify his sentence and get out early.

He faced up to 16 years in prison.

“I don’t want to punish you for the circumstances you find yourself in,” Jones said. “There has to be a consequence.”

He is required to get a GED in prison, attend anger management, parenting classes, and substance abuse counseling.

Howard indicated he will appeal.

In court earlier, he asked Jones for “mercy,” saying he never wanted to “bring any harm” to his kids.

Jones said the plea deal was a compromise due to various “holes” in the case.

Deputy Prosecutor Judy Massa was assigned.

mcolias@post-trib.com