Croton-On-Hudson Woman Gets Probation In 6-Year-Old Daughter's Drug Overdose Death
WHITE PLAINS, N.Y. (CBSNewYork) -- A Croton-on-Hudson woman was sentenced Tuesday to five years probation in connection with the drug overdose death of her 6-year-old daughter.
Kathleen Dymes pleaded guilty in January to criminally negligent homicide, misdemeanor child endangerment and possession of a controlled substance in Lacey Carr's death.
As CBS2's Ali Bauman reported, Dymes was unable to speak, but her lawyer told the court on her behalf that she would give anything to change what happened.
"Lacey was my beautiful little girl, and will be with me in my head and heart every day," she said.
Last Easter, the child's father found Lacey unresponsive in a bed next to her mother, who was unconscious on the floor inside a Croton-on-Hudson home.
When emergency responders arrived, they tried to revive Lacey, but she was pronounced dead a short time later, authorities said.
When police searched Dymes' home later that day, the district attorney's office said they found an open bottle of alcohol and "various and numerous over-the-counter, prescription and illegal drugs strewn about the room."
Investigators said two suicide notes were left near the mother and child.
Prosecutors alleged that Lacey died after ingesting a fatal combination of Benadryl, morphine and diazepam, an antidepressant.
On Tuesday, prosecutors read comments from Lacey's teacher in her most recent report card.
"Lacey is adding and subtracting well. She perseveres through hard problems, and is able to verbalize her thinking," the report read.
Prosecutors asked for jail time and said Dymes showed no remorse.
The judge agreed that the mother was hard to sympathize with.
"As a result there is an instinct to punish her more severely than any other mother in this same tragic situation," Judge Barbara Zambelli said.
Ultimately, the judge ruled that Dymes -- with her history of drug addiction and drunk driving -- had suffered enough, and ordered 5 years probation.
"This is a woman who will never be the same. She lost a 6-year-old. She is responsible and has admitted to being responsible for the death of her 6-year-old, and she will remember that every single day," Attorney Peter Tilem said.
Lacey's father accompanied Dymes to court, but besides some heavy sighs he remained silent.
When entering her guilty plea, Dymes said her daughter's death "was an accident."
Treatment is a condition of Dymes's probation. He lawyer said she needs physical and emotional help as well as treatment for a long term chemical dependency.
Dymes has 30 days to appeal the sentence.
