WILLIAMSON COUNTY, Texas -- After a former Georgetown daycare owner pleaded no contest regarding the death of a 5-month-old baby who choked on a glove in 2016 while in her care, the sentencing phase in the case has began.
Holly Harrison, 39, who owned the day care All About Kids, plead no contest on April 9.
Williamson County District Attorney Shawn Dick said that means "she's not going to fight her guilt in this case and that the judge now has enough evidence to find her guilty. She’s obviously asking for something called deferred adjudication which means the judge wouldn’t actually find her guilty."
Dick broke down what to expect in the sentencing phase of the case:
"Obviously as I said in my opening statement we’re asking for her to go to prison," the district attorney said. "And so really what we’re going to do is spend the next week laying out evidence to the judge and explaining why we believe her sentence should be a prison sentence. The defense is going to put out evidence to ask the judge for something different."
As the district attorney's team lays out the evidence, they are trying to persuade the judge based off of the baby's death and the alleged "cover-up" that happened afterward, Dick said. He said the hearing is expected to last all week.
The injury to a child charge is a second-degree felony punishable by up to 20 years in prison, KVUE's news partners at the Austin American-Statesman said. The tampering with evidence charge is punishable by up to 10 years in prison.
A previous jury in 2016 said Harrison had too many children in her care, waited too long to call 9-1-1, didn’t remove a glove in baby Brody Havins’ throat in a reasonable amount of time and didn’t perform CPR in a reasonable time or manner.
According to a medical examiner’s report, Havins had no congenital anomalies, had an absence of any injury, but did test positive for Streptococcus pneumoniae. The medical examiner noted there was “no evidence of trauma or foul play” in the infant’s death.
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