No jail time for mother, grandmother in baby's death

PROVO — Doris Licona's eyes fill with tears when she talks about the dangers facing children.

"Kids are in danger everywhere," she said. "Not only in the car, but the park, pool."

She yearns to tell parents that even if an activity seems fun and harmless, they must look around and take the necessary safety precautions — especially the step of putting children in car seats.

A loving mother and doting grandmother, she's learned this lesson the hard way.

In March, Licona, 37, was driving along I-15 near Payson when she drifted off to sleep at the wheel and her car rolled, killing Jonathan, her 9-month-old grandson who had been sitting on his mother's lap.

Deputy Utah County attorney Tim Taylor said prosecutors struggled with the idea of charging Licona and her daughter, Michelle Nuila, but after considering the facts, each woman was charged with a class A misdemeanor.

Licona recently pleaded guilty to negligent homicide and Nuila to reckless endangerment, for failing to have her child in a car seat.

"There's a great deal of heartbreak," 4th District Judge Lynn Davis said Wednesday at the women's sentencing. "It is a tragedy. Nothing the court is going to do can resolve the loss of a tender little baby."

With that, Davis sentenced the women, who live in Davis County, to court probation, counseling and 160 and 120 hours of community service respectively. No jail time was ordered.

"The path they are on sounds positive," Taylor said. "Hopefully something positive can come out of this tragic accident."

Licona is already enrolled in a six-week training program through Safe Kids Utah so she can become a spokeswoman and share her family's poignant story with PTA groups and parent classes, which will fulfill her community service requirements.

She'll tell them how she was driving south from Salt Lake City to Las Vegas to pick up Nuila and Jonathan, who had spent three days on a bus traveling up from Mexico.

"She was so excited that her daughter was there and she was going to see this beautiful new grandbaby," said defense attorney Barbara Gonzales.

However, when they met in Las Vegas, Licona realized Nuila had no car seat for the baby. In a moment of "not thinking," Gonzales said, the family continued north with Jonathan sitting on Nuila's lap.

Licona said they were in the Payson area around 4 a.m. and her eyes were open, but the next thing she remembers is hitting the median wall, trying to correct, then the car rolling.

Nuila doesn't like to talk about the accident, which broke her ribs, damaged her lungs and required surgery to remove her damaged spleen. However, during her time in the hospital, doctors told her she was two weeks pregnant, and the "miracle baby" had survived the accident, Licona said.

She said they plan to name the baby Jonathan in honor of his brother.

"This is a case that could happen to almost all of us," Gonzales told Davis while both women wiped tears from their cheeks. "We don't know what our … physical weaknesses are until they occur. I know that this family had no idea that this would ever happen."

e-mail: sisraelsen@desnews.com