Woman receives prison sentence, fines for injuring Idaho boy
IDAHO FALLS, Idaho (AP) —
A woman in eastern Idaho who pleaded guilty to injury of a child after severely hitting a 3-year-old boy was sentenced to three to 15 years in prison.
District Judge Dane Watkins Jr. issued the sentence that included $5,000 in civil fines to 25-year-old Lorena Ocampo-Garcia on Monday, the Post Register reported.
The Rexburg woman was arrested in February 2016 after she struck a child who she was babysitting with a foot-long (30 cm) plastic action figure.
The strike caused a vein in the child's brain to break, Deputy Prosecuting Attorney Tanner Crowfeather said. The broken vein was discovered when the boy underwent surgery to relieve pressure on his brain.
In a report submitted to the court, Neurosurgeon Brent Greenwald said the child would likely suffer long-term disabilities. The child was unable to use his fingers on his right hand.
Ocampo-Garcia's attorney Rocky Wixom said his client went too far in disciplining the child, but asked that she be placed in the state's rider program because she did not have a criminal history. The program provides an option where the court would retain jurisdiction.
Crowfeather said probation or retained jurisdiction would not be appropriate because of the harm caused. The judge sided with his argument.
Because Ocampo-Garcia is not a U.S. citizen, Wixom said his client faces additional consequences for the crime. He said she would likely be deported, which would separate her from her two children.
"If I do get deported, my 1-year-old won't remember me," Ocampo-Garcia said. "My daughter will remember me, but we will lose that time together."
While Ocampo-Garcia expressed remorse for her actions, Watkins said the harm caused "cannot be accepted or tolerated."
Information from: Post Register