Former daycare provider to serve 41 months
January 8th, 2009A former Henderson daycare provider was sentenced Monday to the State Department of Corrections for 41 months.
Jennifer Erlynbourne Schmitt, 35, last summer, agreed to an Alford Plea in which she would enter a guilty plea to felony malicious punishment of a child. In turn, the other charges of first degree assault causing great bodily harm, two counts of third degree assault, and one count each of child neglect and child endangerment, were dropped.
The charges stem from a skull fracture suffered by an eight-month-old child in her care on April 3, 2007. The child suffered two skull fractures on the left side of the head, bleeding around the brain, severe hemorrhaging to the back of both eyes, a large bruise to the left side of the forehead, and a broken right arm.
The court ordered that 27 1/3 months of Schmitt’s sentence be spent in custody. She will serve supervised release for 13 2/3 months of the sentence.
A pre-sentence investigation and psychological assessment were completed. The court heard a contested sentencing hearing. The State sought the imposition of a guideline sentence to commit to the Commissioner of Corrections for 41 months. The defendant requested the court to depart and not send her to prison. The court heard from medical providers and the family of the victim, and also heard from family and friends of the defendant.
