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Court denies appeal in conviction

A Coaldale man convicted of endangering his toddler granddaughter in 2014 has lost his appeal to the state Superior Court, and his lawyer was granted permission to withdraw from the case.

Troy M. Fairchild Sr. had appealed his seven- to-23 month sentence for recklessly endangering another person and a $100 fine for harassment. In addition, his lawyer, public defender Mark A. Barket, wanted to be released from representing him.The opinion upholding the sentence was handed down Nov. 12 by a panel of Judge Jack A. Panella, Judge David N. Wecht, and Senior Judge Eugene B. Strassburger III."Based on the foregoing, we conclude that appellant's issue challenging the sufficiency of the evidence is frivolous. Moreover, we have conducted "a full examination of the proceedings" and conclude that "the appeal is in fact wholly frivolous," Strassburger wrote.On May 1, 2014, Fairchild was involved in a physical altercation along with his wife, Tina Fairchild, who is the grandmother of the then-15-month-old child; their son, Derek Fairchild, who is the baby's father; and the baby's mother, Caitlyn Boyer. The dispute was over custody of the baby.At a trial before Schuylkill County Judge James Goodman, Boyer told the jury that she was walking in a Pottsville parking lot when Troy Fairchild sneaked up behind her, grabbed her by the waist, and pulled her down. She said she was holding onto the baby's stroller, so both she and the baby "went back" and that Troy Fairchild pushed her down "really hard."Boyer testified that when she went down, Tina Fairchild was on top of her and the baby, and that both Troy and Tina Fairchild were hitting her and the baby. Boyer said she was holding onto the baby the whole time they were down but the baby "must have went (sic) onto the sidewalk," which was made out of concrete. She said Derek Fairchild also appeared during the incident and "was pulling at" the baby.By the time police broke up the fight, the baby had a bruise on her cheek and the stroller was bent.State trooper Michael V. Ryan also testified at trial, saying he watched the altercation unfold as he was driving by, and supported the mother's testimony.Pottsville patrolman Paul Olson testified that "an infant has a very soft skull. … If the child would hit the ground violently enough, that could cause serious bodily injury to the child's head and/or brain."The jury convicted Fairchild on Feb. 5.