Insisting that it really was just fun and games, Andre Curry allegedly says he “feels awful” regarding the photo of his 22-month old being bound by tape that he posted on Facebook. The 21-year old Chicagoan faces up to 7 years after being charged with felony aggravated battery. The Chicago Tribune reports that Cook County Judge Laura Sullivan ordered Curry be held on $100,000 bail and ruled against any contact with the toddler, other children and the use of the internet while the charges remain pending.

A woman who identified herself only as Curry’s grandmother said via phone, “He’s so playful, always laughing… Everyone who knows him saw the photo and laughed, too … He was only joking.” She said he “feels awful,” after realizing his error in judgment, and even worse once the picture went viral. The young father explained to Chicago police that he was playing with the toddler when he bound her wrists and arms together, and placed tape across her mouth. His attorney, Anand Sundaram, reiterates his story, saying the girl was never harmed or at risk of danger.

Regardless, Sundaram says the Illinois Department of Children and Family Service (DCFS) had removed the child from Curry’s home, placed her in her mother’s care and granted Curry supervised visitation. He notes that Andre Curry has no criminal background, and DCFS had no contact with him prior to this recent fiasco. Curry was a 2007 graduate of Chicago Vocational Career Academy who currently works at an Applebee’s, the Chicago Tribune reports. “Unfortunately due to the Internet, this case has been blown out of proportion,” said Sundaram, who was unable to have the South Side native released on electronic monitoring.

Clutch, in your opinion, does the potential punishment fit the crime? Was slapping Andre Curry with charges carrying up to 7 years worth of jail time an appropriate response to his actions, or is it overkill, as his attorney suggests?

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