Drop Kick Baby

This story originally appeared on Sunday, Oct. 7, 2007


WEST CHESTER – A Honey Brook man has abandoned his quest to assert an insanity defense against charges he dropped his one month old son on the floor of his girlfriend’s house and then kicked the child in the head, instead entering a guilty plea.

Dwayne Allen “Chopper” Zeimer, 29, of Horseshoe Pike will ask Common Pleas Court Judge Thomas Gavin to determine how much time he should spend in prison for the assault on his son. He entered an open plea of guilty on Wednesday to charges of aggravated assault, endangering the welfare of children and terroristic threats.

The assault charge, a first-degree felony, carries with it a mandatory minimum prison term of five years because of the age of the victim. But Elizabeth Pitts, the deputy district attorney prosecuting the case, said Thursday she would seek a “significantly” longer prison term.

In his plea, Zeimer admitted that on Feb. 20, 2006, he intentionally injured his 30-day old son during an argument with his then-girlfriend, Heidi Allison Hatton, who had told Zeimer that she intended to end their relationship.

He was arrested by state police at Embreeville, after a high speed chase through western Chester County and eastern Lancaster County, during which troopers clocked him traveling over 100 mph in a 1992 Pontiac SUV.

A year after his arrest, Zeimer gave notice to the court through his attorney, Assistant Public Defender David B. Miller, that he intended to pursue a defense of insanity at trial. Based on an interview with psychologist Elliot L. Atkins of Marlton, N.J., Miller contended that Zeimer suffered from major depression that left him psychotic, an obsessive compulsive disorder, a dissociative disorder and a dependent personality disorder.

Those psychological disorders would have left him incapable of appreciating the nature of his actions that night, Miller said in his notice.

Although his guilty plea has left him without of the possibility of being found not guilty by reason of insanity at trial, Zeimer can still claim his mental condition as a mitigating factor at his sentencing hearing, now scheduled for Dec. 3.

According to the description of events given by Pitts during Zeimer’s plea, Zeimer and Hatton were arguing about their relationship when Zeimer went into a bedroom where his son was sleeping and brought him back out in the kitchen. He held in by the head for several minutes before he stood up, held the baby in the air and then threw him to the floor.

He then kicked the child twice in the head before Hatton was able to throw herself on top of the baby and protect him. Zeimer also threatened to kill both the baby and Hatton during the incident.

The baby was flown to Children’s Hospital of Philadelphia, where he was hospitalized for 12 days, some of the time in the intensive care unit. Pitts said the baby suffered from two broken legs, a broken arm and internal bleeding. The child is still being treated for the after affects of the injuries today, she said.