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Circuit Judge Joel Branscom’s sentence was the maximum allowed under an agreement in which Bishop pleaded guilty in April to the felony murder of Jackson Lee Ward, the son of his former girlfriend.

Although felony murder is an unintentional killing that happens during the commission of another felony – in this case child abuse and neglect – Branscom cited the severity of blunt force injuries to the boy’s head and spine.

“What happened to this 5-year-old child was at the hands of a monster,� he told Bishop. “I sentence you as a monster today.�

Late on the night of Aug. 2, 2023, police and medics were called to a Blue Ridge home where Bishop, 35, was living with Jackson’s mother, Keri Toney, her son and daughter, and Bishop’s mother.

Jackson was found lying unresponsive in his bed and rushed to a hospital. He was declared brain dead upon arrival. Two days later, the child was taken off life support.

Bishop would later tell authorities that Jackson fell and struck his head while running through the house. But nearly 24 hours passed before he called 911 for help, even after the boy complained of headaches and spent much of the next day in bed.

Had Jackson received prompt medical attention, he likely would have lived, Deputy Commonwealth’s Attorney Gillian Deegan said.

The child’s injuries were too severe to have happened the way Bishop described, Deegan said during a sentencing hearing in Botetourt County Circuit Court. And, she said, an autopsy found indications of earlier injuries of a similar nature.

“This was ongoing abuse,� the prosecutor said. “This was brutalizing a 5-year-old and leaving him to waste away in his bed.�

But the beliefs by authorities and members of Jackson’s family that he was beaten to death were not supported by the evidence, Bishop’s attorney, Ben Sharpe of Â鶹´«Ã½¹ÙÍø, argued.

“It is unclear exactly what happened here,� Sharpe said. To say that Bishop intentionally caused the injuries would require “assumption and conjecture,� the attorney told Branscom.

Bishop – who has no earlier criminal record and remained free on bond for the past two years – was led away to jail after Branscom imposed a 40-year sentence, to be suspended after he serves 15 years.

Earlier, Jackson’s mother and other family members asked for the harshest punishment possible. Toney described her son as “the sweetest little boy� who never had a chance to grow up.

“He could have saved my son but he chose to save himself,� Toney said of Bishop. “He took everything that matters to me away.�

While he never provided a clear account of how Jackson was injured, Bishop did take responsibility for not calling for help earlier.

“I’m sorry for the pain and the anger and the hurt in this room,� he said from the defense table, turning to face his parents seated on one side of the courtroom and Jackson’s family members on the other.

“I’m sorry that I did not save him,� Bishop continued. “I am truly sorry. I play it over and over in my mind every day, and it is something that will haunt me for the rest of my life.�