VALPARAISO, Ind. (AP) — A Portage man has tearfully told a judge he was using drugs and not making sound decisions when his girlfriend’s 20-month-old daughter died as a result of neglect.

The (Northwest Indiana) Times reports 31-year-old Gary Hanney said he didn’t seek proper medical attention when the toddler suffered significant injuries July 18, 2017. Hanney appeared before a judge Friday to plead guilty to a felony neglect count as part of a deal with prosecutors that would have them dismiss remaining charges.

Judge Jeffrey Clymer took the proposed plea deal under consideration and said he would announce a decision July 26. Hanney argues the child’s death was a “tragic accident” and not a crime. Defense attorneys say the minimum sentence is 20 years.

The child’s mother, 25-year-old Tamika Conley, has pleaded guilty.