Man gets maximum sentence in death of Elwood infant
Mar. 18—ANDERSON — Madison Circuit Court Judge Mark Dudley said the only appropriate sentence in the death of 11-month-old Emmarie Pablo was the maximum of 65 years.
Dudley sentenced Zachary Foor, 28, on Thursday in the March 17, 2020, death of the infant girl.
Foor entered into a plea agreement last November but attempted to have it rescinded after the child's mother, Anna-Marie Pablo, was sentenced to 60 years earlier this year.
Dudley denied the motion to rescind the plea agreement, stating there were no grounds to rescind the guilty plea.
"It was clear the child was tortured and beaten over a period of time," Dudley said.
Dudley said it was a rare instance when a person went through due process and pleaded guilty to things that actually happened.
"We took a long time with you on Nov. 13 (during the plea hearing)," Dudley said. "You knew what you were doing when you signed the plea agreement. You physically tortured that child. There is no doubt in my mind."
Dudley said on the day the baby died that Foor and Pablo conspired to lie to the police in an attempt to cover up the crime.
"You're showing no regret, sorrow or an understanding of what you did to that child," Dudley said. "The only appropriate sentence is 65 years executed."
Emmarie's biological father, Alec Severins, had requested the maximum sentence for Foor, and he was pleased with the decision.
"These people were cowards and sick," he testified.
During questioning by defense attorney Cody Cogswell, Foor testified that he was high on methamphetamine on the day Emmarie died.
He testified that at 6 a.m. Pablo sent him a text and he returned to the residence from a garage where he was waiting for a buyer to sell methamphetamine.
Foor said he noticed some bruising on the baby.
"I freaked out," he said. "I should have called for medical attention."
Foor then left the residence a second time and received another text message at 10 a.m. He reportedly told Pablo to call 911.
Foor said instead of immediately going to the hospital he got high on methamphetamine after the girl was taken to St. Vincent Mercy Hospital.
"I accept responsibility," he said. "There were actions that should have been taken and not taken."
Foor insisted during his testimony that he didn't physically hurt the child.
"I deserve to be punished," he said. "But not 65 years. I should be sentenced for actions not taken."
At one point, Foor turned to Severins and said he felt terrible for his loss.
"I can't describe what that little girl went through," he said.
The couple initially told authorities they took Emmarie to the Lafayette home of Pablo's uncle the night before her death and returned to pick her up the next morning.
The uncle, however, has lived in Anchorage, Alaska, since 2006.
Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.
