HOULTON – Despite a Hodgdon man’s claim that he hadn’t been reckless when he shook his infant daughter two years ago, an Aroostook County Superior Court justice ordered him to spend the next 14 months in jail.

“Accidents do happen, but this was a crime,” Justice Paul T. Pierson said in sentencing John McGuire for felony assault.

Last week, a jury found McGuire, 21, guilty of the Class C crime after a three-day trial in the Houlton court. He was acquitted of the more serious charge of aggravated assault.

The child, now 2 years old, continues to suffer from brain and retinal hemorrhaging that she suffered when her father shook her in February 1999. The little girl has been in foster care and is scheduled to be adopted by the foster family, according to state officials speaking Tuesday during the sentencing hearing.

The mother’s parental rights already have been terminated, according to state officials. A hearing is scheduled next month in another court to consider termination of McGuire’s rights.

Medical care costs, which Medicaid paid, totaled more than $62,000, according to the state officials. The child also is expected to experience additional problems, including learning disabilities, as she grows older, they said.

An emotional McGuire told the court he regretted what happened to his daughter, but felt he wasn’t reckless in his conduct.

“I feel really bad about what happened,” McGuire said.

Saying he had lost his daughter, the defendant sat down and broke into tears.

In sentencing McGuire, the judge said the defendant still didn’t accept responsibility for his actions, even with the “overwhelming objective evidence” presented at the trial. Several doctors, including child abuse specialists, testified that the child had been shaken. The child’s body exhibited old bruises, according to testimony.

“Quite frankly, I don’t accept your protestation,” said Pierson, regarding the defendant’s claim that he wasn’t responsible.

The judge sentenced McGuire to 31/2 years in prison, with all but 14 months suspended, and three years’ probation. Conditions of his probation include parental training counseling, no unsupervised contact with children and paying $160 a month restitution for the child’s medical costs.

In arguing that McGuire should spend 18 months in jail, Suzanne Lilley, assistant district attorney, said that the nature of the offense was “life-threatening.” The defendant was “lucky” that the charge wasn’t manslaughter, she said.

Lilley cited McGuire’s juvenile record that included burglary and a recent arrest for drunken driving.

The defendant also continues to minimize his actions that caused the child’s injuries, Lilley said.

A caseworker with the Maine Department of Human Services said she had never seen a “live child” with such a swollen head as she did when she saw the child in a Bangor hospital after the infant was injured. The child also will have issues involving self-esteem and self-identity because of her background, the worker said.

McGuire’s attorney, Richard Rhoda of Houlton, said his client should spend no more than a year in jail.

“This is not at all as bad as it sounds to me and to a large part of society,” said Rhoda. “Accidents happen.”

The attorney cited instances of how McGuire had changed his lifestyle to accommodate his newborn child, including getting rid of the household pets and smoking outside the home.

Rhoda said his client’s losing his daughter would be a penalty McGuire will pay for the rest of his life. The defendant has learned from this “tragic mistake,” the attorney said.

“He’s not going to be out shaking babies,” Rhoda said.