Killpack receives prison sentence

Judge says mother never once took responsibility

PROVO — Jennete Killpack sat quietly, eyes closed and head bowed as a judge who decided to send her to prison criticized her for not taking responsibility for the death of her 4-year-old adopted daughter.

Three months after being found guilty by a jury of child-abuse homicide — and 3 1/2 years after the death that led to that conviction — Killpack was sentenced Friday to serve one to 15 years in the Utah State Prison.

The 30-year-old Springville woman was ordered to begin serving that sentence on Jan. 13. The exact length of Killpack's incarceration is up to the Utah Board of Pardons and Parole.

"She still refuses to acknowledge and take responsibility for her actions," 4th District Judge Claudia Laycock said before issuing the sentence.

Laycock's assessment echoed that of Utah County Deputy Attorney Sherry Ragan, who said Killpack, if she truly felt like she had been responsible, "should be coming before the court and asking for the maximum sentence."

"This defendant, from the moment (the girl's death) happened, has been trying to justify her actions," Ragan said.

Prosecutors said Killpack put her daughter, Cassandra, on a bar stool the night of June 9, 2002, tied the girl's hands behind her back and forced her to drink about a gallon of water as punishment for taking a sibling's drink.

Cassandra was vomiting and choking and her temperature had dropped to 90 degrees by the time paramedics arrived at the Killpacks' Springville home, Ragan said. And it wasn't the first time Cassandra had been abused, she said.

"This defendant was completely out of control," Ragan said. "She bit this child, she tied her arms behind her back and forced water down her."

The punishment led to the girl's death by water intoxication — a condition that causes the brain to swell and the body's sodium level to drop to a fatal level, prosecutors said.

"The reason this child is dead is completely attributed to what the defendant did to her," she said.

Ragan said Laycock's decision to sentence Killpack to prison sends a message that "if you cause the death of that child, you're going to do prison time."

Defense attorney Mike Esplin had requested probation or a lenient sentence that would have allowed Killpack to stay at home with her four children, who range in age from 5 1/2 months to 10 years, and serve her prison sentence on nights and weekends.

"Incarceration is not required to punish Mrs. Killpack," Esplin said. "She punishes herself every day. That punishment will continue whether or not she's incarcerated."

Esplin called two witnesses prior to the sentencing in an effort to show that a prison sentence would result in hardship to both Killpack and her family — emotionally, financially and medically.

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