Aunt given probation in child death

A jury sentenced a woman convicted in the death of her 22-month-old niece to probation Wednesday at the urging of the defense attorney and implications from the prosecutor.

Starr Nicole Madrid, 27, was sentenced to two years probation after pleading guilty to criminally negligent homicide. If she violates her probation, she could serve six months in state jail. Judge John Smith also ordered that she seek counseling and she is not allowed to care for any children but her own during her probation.

On Nov. 4, 2010, she was driving a gold Nissan Murano when Y’Anna Nevi Sanchez, her niece, opened the back seat driver’s side door, fell out and was run over by one of the back tires of the vehicle.

Madrid pleaded guilty before the trial began and requested that a jury determine her punishment, which could have been between six months and two years in prison or two to five years probation.

Madrid took the stand to testify on her own behalf and said she didn’t even initially notice the toddler fell from the car.

“It got quiet. She wasn’t yelling anymore,” she said. “I looked back and she was in the street. I put the car in park and ran to her.”

During Wednesday testimony, Madrid’s mother and father said she was the toddler’s primary caregiver before her death.

“Starr’s always held things in but she does break down. She hurts,” Madrid’s mother Lisa Martinez said. “She’s often told me, ‘That baby was mine.’ ”

Madrid also said she felt like the girl’s mother, making her breakfast in the morning, putting her to bed at night and having mani/pedi parties with the girl.

Prosecutor Greg Conner didn’t ask for either probation or jail, which defense attorney Adrian Chavez pointed out was because the district attorney’s office didn’t believe justice would be served with jail time.

“Tragedies happen. Sometime we get so tied up in life we neglect things,” Chavez said. “Twenty years from now, when this is just a memory for us, she’ll still have a hole in her heart.”

He said he asked Madrid to take notes during the trial, which she used to write an emotional letter to the toddler.

Fabian Sanchez, the toddler’s father, said he was happy about the verdict, as he testified Tuesday he wanted Madrid to receive probation.

“Like I said, accidents happen and I don’t wish for anybody to go to prison if it wasn’t all their fault,” he said. “It hurts every day. I have two other children I have to take care of and we just got to stick together and cope with what we’ve gone through.”

But not everyone was happy with the verdict. Fabian Sanchez’s mother, Chantal Heinen, said Madrid should have been punished with jail time.

“Her lawyers were talking about her missing out on her daughter. What about us?” she said. “We’re never going to get to see her again.”

A final answer was also given to the question of the plea deal that didn’t happen.

District Judge John Smith said to the jury after the verdict was read that he has the power to accept plea deals or force cases to go to trial.

“In this case, I chose to make sure it went to trial because I wanted 12 citizens to hear the evidence and 12 citizens to reach a verdict,” he said. “In my opinion, a judge should only do his talking in the courtroom and that’s what I’m doing here.”

@OAcourts