He suffocated his infant son. But after the baby’s mother’s suicide, he will get less than life in prison

The father of 7-week-old Chance Walsh, who suffocated the boy to death on Sept. 16, 2015, by shoving a baby wipe down his throat, was sentenced to 45 years in prison as part of a plea deal.

Joseph Walsh, 36, had been indicted on a first-degree murder charge in his son’s death and was set to stand trial beginning June 12.

Instead, Walsh took a deal and was convicted of second-degree murder and aggravated child abuse. Circuit Judge Charles Roberts sentenced him to 45 years prison as part of the deal.

Chance’s mother, Kristen Bury, 33, also took a plea deal in January 2016 for her role in the infant’s death and was sentenced to 25 years in prison. Part of her plea agreement was that she testify against Walsh.

But she was found dead in her cell at the Sarasota County jail Sept. 10, 2016, from suicide.

With Bury’s suicide, prosecutors lost their only eyewitness. A video recording Bury made in the hours prior to her son’s death showing how Walsh treated the boy had also been ruled inadmissible in court as a result of her death.

“After evaluating the available evidence, the potential appellate issues and consulting with the Sarasota Sheriff’s Office and the family of Baby Chance ... we are satisfied that justice will be best served with this lengthy prison sentenced,” assistant state attorneys Suzanne O’Donnell and Craig Schaeffer said in an issued statement. “Joseph Walsh will likely die in prison.”

Chance was found buried in a shallow grave near Elliott Court in North Port in October 2015 after Bury directed detectives to the wooded area where she and Walsh had buried the infant weeks before.

On Sept. 16, 2015, in a drug-induced rage, Walsh beat Chance and then stuffed a baby wipe down his throat. Bury removed the wipe but did not call 911, leaving Chance gasping for air for several hours before dying in his crib. Chance was left in his crib for several days to decompose.

When Bury complained about the smell several days later, she said Walsh wrapped the boy’s body in several garbage bags and hid his body in a closet. They later buried Chance in the wooded area before leaving town.

This story was originally published May 2, 2017 at 1:12 PM with the headline "He suffocated his infant son. But after the baby’s mother’s suicide, he will get less than life in prison."