An Odessa woman who received an automatic life sentence last week in the death of her 8-year-old adoptive daughter was sentenced Monday to another two life terms on separate injury to a child charges.
Ashley Schwarz’s life sentences will run concurrently with one another.
After hearing testimony from Jaylin Schwarz’s younger sister, Jayde, an Ector County jury determined Schwarz “intentionally and knowingly” caused Jaylin’s death by forcing her to jump on a trampoline for hours on Aug. 29, 2020, as a punishment and withheld food and water from her. The high temperature that day was 97 degrees.
Schwarz received an automatic life sentence for capital murder, but jurors on Monday had to decide if they should give her probation, 5-99 years in prison or life in prison on the two injury to a child counts.
It took them slightly less than two hours to determine her sentence.
Defense attorney Scott Layh told the jurors that although he didn’t agree with their verdict, he respected them. He asked them to render a sentence that would give his client some hope.
Layh said Schwarz’s conviction and sentences will be appealed.
Prosecutor William Prasher asked the jury for life sentences. Although nothing will bring Jaylin back, he said life sentences would send a message to Schwarz and the community that people should “honor, protect and cherish” their children.
Layh wants them to give Schwarz hope for the future, but Jaylin isn’t alive to have hope, Prasher said. She’ll never have her first kiss, go to prom or celebrate any of life’s other milestones because of her mother, he said.
It took the jury 3.5 hours to convict Schwarz on Friday.
According to court testimony, police and fire personnel were summoned to the home of Ashley and Daniel Schwarz on Locust Avenue shortly before 2 p.m. Aug. 29, 2020, about an unresponsive child.
Ashley Schwarz testified Daniel, 47, found Jaylin unresponsive in the backyard.
When Daniel brought her in, she said Jaylin was wheezing and they stripped her and sprayed her with water to cool her down. Daniel began CPR after they realized she no longer had a pulse and she immediately called 911, Ashley told jurors.
Several first responders testified Jaylin was already showing signs of rigor mortis and lividity when they arrived and a forensic pathologist testified pictures taken at the scene show the child suffered a sunburn after death and was already starting to decompose.
The couple was indicted in October 2020 on three charges: capital murder of a person under 10, injury to a child intentionally causing serious bodily injury and injury to a child intentionally causing serious bodily injury by omission.
Daniel Schwarz, who sat through his wife’s entire trial, will be tried separately.
Jayde and Jaylin’s biological mother relinquished her parental rights and designated the Texas Department of Family and Protective Services as managing conservator on Aug. 16, 2017, when Jaylin was 5 and Jayde 4. The department agreed to pursue adoption of the girls by the Schwarzs and the couple was named permanent managing conservators in November 2017.
At the time of Jaylin’s death, the couple were in the process of adopting the girls.
Jaylin’s biological paternal grandmother, Debi Rutherford, and aunt, Anna Rutherford, read impact statements to the court after the jury left the courtroom Monday.
Debi Rutherford said Ashley Schwarz presented herself as a loving and caring mother, but she fooled everyone. When she saw Jaylin in her coffin she said she was shocked at how skinny and frail she was since she knew just how much Jaylin loved to eat.
It wasn’t until the forensic pathologist testified that she learned Jaylin weighed less than 50 pounds at the time of her death, she said.
Had CPS chosen to investigate when Daniel Schwarz shaved Jaylin’s head, perhaps her granddaughter would be alive, Debi Rutherford said.
Jaylin’s grandmother thanked the prosecutors, the judge and the absent jurors from the bottom of her heart for hearing Jaylin’s cries for justice.
Ector County Judge John Shrode told Ashley Schwarz he hopes she will reflect on her actions while sitting in prison.
“You’re definitely going to suffer the consequences of what you’ve done,” he said.
