The boyfriend accused of scalding two children in a tub of hot water pleaded guilty to two counts of aggravated child abuse Monday, receiving the same sentence as his girlfriend.

Just as Derrick Defoe’s trial was to begin Monday, the 33-year-old decided to plead guilty in exchange for two consecutive 20-year sentences in state prison. His girlfriend and mother of the children, Amanda Reyer, pleaded guilty to the same two counts in November 2018.

Opening statements had been set to begin at 1:30 p.m. when Defoe made it known he would settle. Following his guilty plea, Circuit Judge Chadwick Wise sentenced Defoe.

Reyer testified at her trial she agreed to “dip” her two children in the hot bath because she was “trying to appease” Defoe by using an alternate punishment after her children — a 5-year-old boy and 2-year-old girl — were caught messing up the bed. She said she feared whatever punishment he would come up with, so she tried to recreate something she’d seen on television, intending only to turn the children’s skin pink.

Investigators found the water heater was set at 151 degrees on the night of the incident, hot enough to cause severe burns on the children.

The Limestone County District Attorney’s Office had previously offered Defoe the same plea deal as Reyer, but Defoe did not want to settle and instead wanted to take his chances in court, according to his court-appointed attorney, Harlan Mitchell.

“I would have liked to have a better offer, but I did not want to try this case because of him running the risk of what the possible sentence could be.” Mitchell said. “If they would have found him guilty of a Class A felony, he could have gotten 20 years to life in prison.”

Defoe was charged with four Class A felonies — two counts each of attempted murder and first-degree domestic violence — and two Class B felonies — two counts of aggravated child abuse. In the end, he pleaded guilty to the two Class B felonies, which carry a sentenced of two to 20 years in prison. In its plea offer, the DA’s office had requested the 20-year sentence on each count.

Mitchell believes Defoe would have to serve 34 to 37 years before he could be eligible for parole. He said typically a person would have to serve 17 years on each count before becoming eligible. Defoe gets credit for four years already served before going to trial.

Why settle

Jones believes an incident during jury selection may have changed Defoe’s mind about going to trial.

After Jones and Chief Deputy District Attorney Jim Ayers Jr. had whittled the field down from the original number, which filled about half the courtroom, they explained the facts of the case.

“About half the panel stood up and said, ‘I think he did it,'” Jones said, noting the people who had already heard the story and were sure Defoe did it had to be released.

“One reason Defoe initially declined a plea offer was because he disagreed with the concept of accomplice liability,” Jones said.

Accomplice liability is the belief that an accomplice in a case is as guilty as the lead criminal. Under the law, the person who robs a bank and the person who drives the getaway car during the bank robbery are equally guilty.

“Defoe did not believe he was responsible for what happened to the little girl because he did not place her in the hot water, Amanda did,” Jones said.

But Defoe participated fully in filling the bathtub with hot water, the cleanup of evidence and the cover-up of evidence, Jones said. While searching the house, investigators found a sheet that contained skin from one of the children and had been tossed in the trash, he said.