Erica Hobdy pleaded guilty Oct. 11 to a misdemeanor charge of criminally negligent homicide in Superior Court in Milford and received a sentence of one year of jail, execution suspended, and three years of probation.
So basically NO jail time - just probation.
The dog ownership and child supervision stipulations are conditions of Hobdy’s probation.
Hobdy, whose previous dogs attacked a mailman and children years ago in another city, also must complete 50 hours of community service, preferably at an animal shelter, court documents say. Additionally, Hobdy must attend parenting classes recommended by the probation office.
Hobdy told Judge Frank Iannotti she took care of the girl, who was her niece, since she was born.
“It’s just hard because I had my niece that day and then lose her by a dog I raised for five years. … It’s a hard situation. Like, I’ll never get over it, not after what I saw,” Hobdy said, according to a court transcript of the proceedings.
Though jail time was considered, prosecutor Charles M. Stango said Hobdy would not agree to a plea deal that included incarceration and that the toddler’s mother indicated she did not want Hobdy behind bars for the crime.
“At the end of the day, this was an unbelievable tragedy, which the state believes could have been avoided if Ms. Hobdy had acted differently,” Stango said Wednesday.
Nevaeh Bryant, Hobdy’s 23-month-old niece, sustained approximately 80 puncture wounds in the dog attack Sept. 30, 2011, according to Hobdy’s arrest warrant.
While the warrant says two of Hobdy’s three dogs were involved, Hobdy said in court that only one canine was to blame. Stango also in court identified the girl as Nevaeh Leonard.
The child was alone in Hobdy’s Leete Street apartment at the time, as Hobdy had gone to a store for drinks for her son and his friend, who were outside. The three dogs were locked in a room, according to Hobdy’s arrest warrant.
Hobdy, who now lives in New Haven, according to the court transcript, had put Nevaeh down for a nap in her son’s room, the warrant says. Her son, who was 11 at the time, had retrieved something from the room containing the dogs and may not have shut the door securely, the warrant continues.
The boy then heard the dogs barking loudly, went upstairs to the apartment, and found the animals standing near the injured child. Hobdy returned just after her son went inside and found Nevaeh on the floor. According to the warrant, Hobdy told police two of the dogs had shown aggression in the past.
Emergency responders were called to the scene and transported Nevaeh to the hospital where she was pronounced dead. All three dogs were euthanized that night.
Hobdy was arrested last December and initially also had been charged with risk of injury to a minor, but the count was dropped in the plea deal. Though Hobdy was released on bail almost immediately after her arrest last year, she was soon taken into custody again because the arrest violated probation conditions of her past criminal cases, according to Stango. He was not sure of the exact date she was released from jail for the probation violation, but said she completed her time.
Though Nevaeh’s mother indicated to Stango she did not want Hobdy sent back behind bars, she initially had felt differently, according to a transcript of last week’s court appearance.
According to the court transcript, Stango said Hobdy’s three years of probation is longer than the typical two years associated with Class A misdemeanors, but since she was not charged with second-degree manslaughter and is not receiving jail time, authorities opted for a longer probation.
Kevin Williams, Hobdy’s public defender, would not comment Wednesday, but according to court transcripts, said “no one feels more remorse, or is hurt more by what happened” than Hobdy.
“She absolutely loved this child, and they were very, very close. The whole family is still very close, and I think that’s fortunate, considering what they’ve all been through,” Williams said.
Hobdy could not be reached for comment.
(nhregister.com - Oct 17, 2012)
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