BILLINGS, Mont. (AP) — A 28-year-old man accused of injuring an infant in 2010 has avoided a trial after his attorney reached an agreement with the Yellowstone County district attorney.

Levi Boucher was charged with felony aggravated assault. The injury occurred while he was babysitting a 3-month-old while the child's mother was at work.

Medical reports found that the child suffered a "chronic and acute" internal head injury, and there was evidence that the child had suffered a similar previous injury.

According to the Billings Gazette ( ), the diversion agreement calls for Boucher to make monthly restitution payments of $200 for the next six years, which will go into a medical fund for the child. He also will be required to submit to a mental health assessment.

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