Baby-killer to serve nine more years

Convicted baby-killer Kenneth Earle Galloway will serve nine more years in prison after pleading guilty Tuesday to killing his girl-friend’s 2-year-old son in 1995.

Galloway was convicted in 1990 in Pierce County of killing his infant son. He also was convicted of two counts of felony assault in 1989 against his twin sons, according to court records. Then in 1995, Galloway pleaded guilty to killing 2-year-old Devin Erb and received a sentence of 24 years in prison.

However, that conviction was reversed based on other court rulings that forced this case, like many others, to be retried, Deputy Prosecutor John Love said.

On Tuesday, Galloway agreed to enter an Alford plea, which means he believes he’s innocent of second-degree murder but acknowledges that the prosecution probably has enough evidence to convict him at trial.

Superior Court Judge Linda Tompkins agreed with Love’s recommendation and sentenced Galloway to 20 years in prison.

However, Galloway, 38, has served 11 years, leaving him just nine left to go before he is released from prison on the 1995 case.

Galloway’s attorney, Jeffrey Leslie, said his client has been a model prisoner.

“Regardless of the Alford plea and any dispute as far as the facts, Mr. Galloway, I think, feels horribly about the death of Devin,” Leslie said.

Galloway made no comment in court.

Devin was the son of Sara Erb, who was dating Galloway, Love said. Erb said at the time that she knew Galloway had served time in prison but she didn’t know that he had killed his own son and assaulted his twins.

Left alone with Galloway on April 4, 1995, 2-year-old Devin suffered severe trauma and died. Galloway later claimed that Devin had fallen from his crib and he panicked because of his record, Love said.

Sara Erb was away when Devin was injured. When she returned Galloway was gone, but Erb found two notes he left.

One said that Devin was at the hospital, and the other said Devin fell and Galloway was sorry, Love said. Erb frantically called area hospitals not knowing that Galloway had left her dying son in the bathroom, Love said.

Sara Erb attended the sentencing. “It’s unfair to have to live through all of this again,” she said. “Even though it’s been 11 years, it feels like yesterday.”

In asking for the 20-year sentence, Love acknowledged that a trial could have netted Galloway more prison time but said the conviction may have been elusive.

Love explained that the Seattle doctor who performed the autopsy 11 years ago has died, and the case would have relied on doctors who did not examine Devin’s body.

“That might cause other results with a jury that the state may not want to see,” Love said.