Eric Harmon will spend the rest of his life in prison for killing his girlfriend's 4-year-old daughter, Skylar Burnard, a three-judge panel decided yesterday.

Harmon, 32, showed no emotion as the judges spared his life for the stabbing death of Skylar, who was attacked in the garage at their mother's West Toledo home on Aug. 22, 2003. He will not be eligible for parole.

Judge Charles Doneghy announced the verdict that he reached with Judges William Skow and Ronald Bowman after nearly four hours of deliberations. Harmon could have been sentenced to death.

Family members, including Skylar's mother, Nicole Miller, wiped tears from their eyes but remained calm as Judge Doneghy read the panel's unanimous decision.

Harmon was convicted Jan. 27 of aggravated murder for killing Skylar and attempted murder for stabbing his own infant son, Gavin Harmon, during the bloody rampage in the detached garage at 6055 Secor Rd.

Harmon was sentenced to an additional nine years for assaulting Gavin, who was 2 months old. He was stabbed six times but survived his injuries.

Outside the courtroom, Ms. Miller and her mother, Michele Miller, responded with conflicting viewpoints as to the reasons that caused Harmon to violently attack the children.

Nicole Miller said Harmon was suffering from mental illness that was exacerbated by his abuse of drugs and alcohol.

However, Michele Miller said she believed domestic violence fueled the attack on her grandchildren, and she urged efforts in the community to raise awareness of the problem.

"There is just not enough domestic awareness," she said.

Michele Miller's sisters, Mary Jo Robinson and Marlene Lucien, said they were satisfied with the life sentence. "I think our . . . . family in general didn't want the death penalty. Life in prison works wonderful with us," Mrs. Robinson said.

In reaching the decision, Judge Doneghy said Harmon was suffering from mental disease and was affected by severe paranoia, severe depression, aggression, suspiciousness, instability, hyperactivity, and paranoid delusions.

"In reaching this decision, the panel further unanimously found that the defendant's family background, mental history, minimal criminal record, and his genuine remorse are all entitled to weigh in mitigation," Judge Doneghy said.

Ron Wingate and Jeff Helmick, the attorneys who represented Harmon, said they were pleased with the judges' verdicts and that it was the correct decision because of their client's mental condition at the time of the crime.

"He was under a psychotic disorder at the time he committed these offenses. He did not know what he was doing," Mr. Wingate said.

"It is a terribly sad case for everyone," Mr. Helmick said.

In the mitigation phase of the trial, prosecutors argued that Harmon's bizarre behavior was caused by excessive alcohol and drug abuse.

Lucia Hinojosa, a clinical psychologist who reviewed the defendant's medical records, testified that the behavior exhibited by Harmon could have been a drug-induced psychosis that was caused by the alcohol and drugs.

A witness for the prosecution, she could not attest as to Harmon's emotional or mental condition when he killed Skylar, but she said the symptoms of drug-induced psychosis often mimic those of a mental illness and the symptoms remit as the effects of the drugs reside.

Jeff Lingo, an assistant prosecutor, said he respected the panel's decision.

"They carefully listened to the evidence in the trial phase and mitigation phase," Mr. Lingo said.

In a brief statement before the panel began deliberating, Harmon apologized to the victim's family and accepted responsibility for the murder, a crime that he said haunts him every day.

In the mitigation phase, Jolie Brams, a clinical psychologist offered as a witness for Harmon's defense, said records indicated Harmon was abused physically and emotionally as a child.

She said the turbulent childhood and traumatic events in his life coupled with the alcohol and drug usage could have triggered psychosis.

Also testifying at the mitigation was Harmon's mother, Diana Roe, who said the defendant's father, Jim Harmon, was often abusive and that Harmon and his siblings were fearful of him. She said her ex-husband had a volatile and violent temper.

Jim Harmon appeared on a local television station over the weekend and refuted those claims.

Contact Mark Reiter at:

mreiter@theblade.com or

419-213-2134.

First Published February 8, 2005, 12:42 p.m.