Gulbin seeks to withdraw guilty plea in boy's death

By Gary Liberatore

(WKTV) - On the night of Nov. 18, 31-year-old Ian Gulbin was watching the boy he believed to be his son, 13-month-old Brayden Gulbin at their home in Bridgewater.

DNA tests later proved Ian Gulbin wasn't Brayden's father.

When the boy's mother came home from work the next morning, she found Brayden dead on the floor of his room.

The autopsy showed numerous injuries, including a lacerated liver.

Back in June, Gulbin accepted a plea offer from the Oneida County District Attorney's Office of a minimum of 22 years to life and a maximum sentence of 24 years to life, instead of a possible 25 years to life if convicted at trial.

Once he accepted the plea and pleaded guilty to second-degree murder, he admitted he was angered by Brayden's crying so he punched him in the head, threw him against his crib and squeezed his neck and private parts. Then, after Brayden was no longer breathing, he tried to make it look like he had fallen from his crib.

Monday morning, Gulbin was scheduled to be sentenced.

During the sentencing phase of a trial, the victim's family and friends are allowed to give victim impact statements before the judge hands down the sentence.

Monday morning, the baby's maternal grandmother, Marion Hascup spoke.  She immediately directed her words at Ian Gulbin.

"Ian look at me please.  Eight and a half months, I have been waiting to ask that question, why?" she said.  "You destroyed my family, you took the life of my 13-month- old grandson, who was learning to walk and talk, an innocent baby, why?"

"I don't know why," Gulbin responded. "I freaked out."

Hascup continued, "Freaked out?  Walk away!  What I'd like to do to you right now is the same thing you did to Brayden, but that won't bring him back. The only closure we will have today is knowing you'll be going away for a very, very long time."

Only that closure never came.

Ian Gulbin asked Oneida County Court Judge Michael Dwyer to withdraw his guilty plea

"I do not want to take this plea because I was told what to say," he said. "Moreover I was told to say things I didn't do or could not remember."

Besides allegedly being coerced by his attorney into taking the plea offer, Gulbin told the judge he was on six different medications and believes that clouded his judgment.

Gulbin says he wants to take his case to trial.

"I knew from the beginning the difference between 25 to life, and 22 or 24 to life wasn't any type of offer anyways, and I still had a fighting shot of getting something lower than that, and I know most people don't feel like I deserve it, but I know in my heart I didn't mean to do any of this," Gulbin said.

Judge Dwyer said he wanted to have the transcript of the court proceedings from the day back in June when Gulbin pleaded guilty in front of him before ruling on whether to allow Gulbin to withdraw his guilty plea.

"And I want to get that transcript in front of me, so that I can show you what I said to you and what you said to me," Dwyer said. " I'm not telling you I am going to allow you to withdraw your plea, but I want to have the transcript so I can know exactly what I said and what you said."

Dwyer adjourned the sentencing phase until Aug. 11.

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