Prosecutors want a judge to impose a previous jail sentence against the man accused of beating the two-year-old son of Minnesota Vikings' running back Adrian Peterson.
Court documents filed Friday ask a judge to impose a two-year jail sentence on 27-year-old Joseph Patterson. That sentence was suspended last year when the Sioux Falls man pleaded guilty to previous domestic assault charges.
Patterson is already facing the fact that he could spend much of his life in prison after he was arrested and charged with assaulting the two-year-old boy friends and family call "Ty".
The boy died from his injuries Friday and Patterson could face more serious charges soon.
But while prosecutors weigh more charges, they want to put Patterson away on a crime he has already committed.
On October 31, 2012, Patterson pleaded guilty to domestic assault and violating a no-contact order.
The charges stem from an incident that happened in June 2012. Just days after his arrest, Patterson's girlfriend at the time, who is a different woman from the most recent case, filed a protection order alleging several instances of abuse at the hands of the 27 year old.
In the protection order, the woman wrote that Patterson had threatened to kill her multiple times. She also wrote that Patterson took her phone and threw it when they were fighting so she 'couldn't call the cops.'
She stated in the protection order that Patterson had spanked her three-year-old son so hard after finding out he misbehaved in church that it caused welts and the boy needed ice. When the woman became mad with him, she said Patterson told the kids to go to their rooms and he closed the blinds and grabbed the woman by the throat and waved his fist in the air. Patterson let her go after a baby started crying.
Patterson later pleaded guilty to misdemeanor domestic assault and violating a no-contact order and received a suspended jail sentence.
Prosecutors now believe with his recent arrest that Patterson violated that sentence and should serve the nearly two-year jail sentence.
A judge will consider the request to send Patterson to jail for two years on October 30.
As for more serious charges following the death of the two-year-old boy, Lincoln County State's Attorney Tom Wollman is still reviewing the reports following an autopsy.