DANVILLE – A Vermilion County judge found an Oakwood man guilty Friday of involuntary manslaughter in the death of his girlfriend's 10-month-old daughter.

Accused of fatally shaking and injuring the baby, Andrew Drollinger, 21, faced four counts of first-degree murder in the death of Macey Duewer when his trial began on Monday.

But after a week of testimony, Circuit Judge Thomas J. Fahey explained Friday afternoon to a packed courtroom of friends and relatives of both Drollinger and Macey that the evidence did not prove beyond a reasonable doubt that Drollinger intended to murder Macey.

Drollinger's fate rested in the hands of Fahey, because the defense had waived its right to a trial by jury.

Just before closing arguments Friday, Drollinger and his attorney, Public Defender Robert McIntire, asked that Fahey also consider – in addition to the murder counts – the lesser charge of involuntary manslaughter.

In rendering the verdict, Fahey said the decision ultimately came down to a few words in the definition of murder and involuntary manslaughter. First-degree murder requires purpose or intent. To be murder, the defendant must know his actions could result in death while manslaughter is the unlawful killing of a person without malice.

On a first-degree murder conviction, Drollinger would have faced at least 20 years in prison. Now, the judge could sentence Drollinger, who has already served more than a year in jail awaiting his trial, to probation or up to 10 years in prison. His jail time would be subtracted from any sentence.

Drollinger and Macey's mother, Jessica Shields, 22, of St. Joseph, had been dating for several months when on Feb. 10, 2004, Shields left Drollinger to baby-sit the infant while she went to work in Savoy.

Five hours later, Drollinger called 911 because the infant stopped breathing. He claimed the baby had been vomiting throughout the afternoon and had bumped its head earlier in the day.

Macey was airlifted to Carle Foundation Hospital in Urbana, where she died the next day from shaking and blunt-force trauma to the head, according to autopsy results.

The state maintained that Drollinger shook Macey and threw her onto the floor, causing not only blunt-force trauma injuries to the head, but also bleeding in the brain that is associated with shaken-baby syndrome.

McIntire, who talked privately with Drollinger after the verdict, said his client was sad but somewhat relieved after the decision.

"I told Andrew I was relieved, but not elated," said McIntire, who maintained that Drollinger was not responsible for the death of Macey, even by the definition of involuntary manslaughter. He said an appeal of the decision is possible, but that would be Drollinger's decision.

Many of the near 40 friends and family in the courtroom were emotional after the verdict, which Fahey delivered in open court immediately after closing arguments.

Doug Duewer, Macey's father, was also very emotional. Choked up and in tears, he said he was pleased that Drollinger was convicted on the manslaughter charge as opposed to walking free.

"I miss her every day," said Duewer, who sat through the week of testimony along with friends and family. He and Macey's mother never married, but Duewer, who lives in the Springfield area, had visitation with Macey every other weekend.

"I just wish I had more time with her is all," he said. "If I knew, I would have done more."

State's Attorney Frank Young said he believed the evidence supported a first-degree murder conviction, but he understands the judge's decision.

From the state's standpoint, Young said the three blunt-force trauma injuries on Macey's head proved that there were two separate acts, shaking and blunt-force trauma, and that shows intent to do harm.

Young said the state will argue at Drollinger's sentencing hearing for the maximum 10 years in prison. McIntire said he will argue for probation. Drollinger is scheduled to be sentenced Dec. 6.