UPDATE: On Friday Henry Benson was sentenced to five years in jail at the Texas Department of Criminal Justice. Benson's attorney filed an appeal. The judge then set Benson's appeal bond at $50,000.
SAN ANTONIO -- Sentencing resumed Thursday for Henry Benson, who has been found guilty of injury to a child back in 2009.
Benson had put his girlfriend's two-year-old son into a bathtub of hot water and left the room to watch football. Later, he heard screams from the little boy after he had been scalded on his legs and feet.
During the sentencing hearing, prosecutors brought up that Henry Benson assaulted his ex-wife two weeks after scalding the boy. Roxanne Benson had divorced Henry, but says they were still seeing each other off and on. She testified that she caught Benson in her house with another woman.
Prosecutors pointed out several arguments between Henry and Roxanne where police were called. One argument happened two weeks after the baby was scalded.
Converse police said they were called to a domestic dispute where the man had strangled a woman. They showed photos of bruises Roxanne had sustained during the assault.
But, when Roxanne Benson was called to testify, she had a hard time recalling any of the incidents. When questioning Roxanne, prosecutors made it clear she did not want the father of her two kids to go to prison.
"You understand that this jury has found him guilty of injury to a child?"
"And you don't want to see him go to prison for that? Correct?"
Henry Benson faces two to 20 years in prison.