A babysitter has been sentenced to prison for her role in the death of an infant.
As part of a tearful hearing Tuesday, Hayley Breann Rausch was sentenced to 30 months in prison. In February, Rausch, 25, of 20820 Wolford Maskill Road, pleaded guilty to one count of endangering children. In exchange, prosecutors agreed to dismiss a reckless homicide charge.
On Jan. 24, 2017, Rausch was babysitting eight-week old Taylor Weber. At about 11:30 a.m., she went to check on Weber and realized the baby wasn’t breathing. Rausch called 911 and performed CPR.
Rausch was set to be sentenced in April, but filed a motion to withdraw her guilty plea. In the motion, defense attorney Sallynda Rothchild Dennison argued her client should be permitted to withdraw the guilty plea, “on the basis of newly discovered evidence, or a previously unknown or unavailable defense.”
The attorney explained that Fisher Price recalled the “Rock ‘n’ Play” after 32 babies died of suffocation. She said death certificates list an unsafe sleep environment as a significant condition contributing to the deaths. The attorney wrote that Rausch would not have pleaded guilty if she had known about this evidence.
Judge Mark O’Connor, who was appointed to the case, was set to rule on the motion Tuesday, when Rausch withdrew the motion and asked to be sentenced.
Both prosecutors and the defense asked to have Rausch sentenced to 30 months.
During the hearing, family members testified about the emotional impact of the baby’s death. They expressed frustration that Rausch never apologized or took responsibility for the baby’s death.
Before her sentencing, Rausch did apologize to the family and explained that she had been told by her attorney not to contact the family.
Despite the apology, O’Connor said he saw no “genuine” remorse from the woman.
O’Connor agreed to the joint sentencing recommendation, saying it adequately balanced a need to punish the offender and protect the public. He said there is little indication Rausch will be a repeat offender.
The defense cannot apply for an early release for at least 12 months. Rausch could have faced as many as 36 months in prison.
Prosecutors said they were able to secure a prison sentence and that the family would not need to go through the trauma of a trial.
“We are pleased with the outcome, that she will be going to prison and that we were able to hold her accountable,” Union County Prosecutor Dave Phillips said.
He said Rausch had a responsibility to care for the baby.
“Any caregiver, whether they are paid or not, but she was being paid, has a responsibility and if they fail in that responsibility, we will hold them accountable,” Phillips said.
He said Rausch was alone at her home with Weber and seven other children, all 3 years old or younger, with five of the children under a year old. Phillips said there was no indication Rausch intended to kill the baby, but she was unlicensed and knew she was taking a risk by attempting to care for so many children.
Phillips credited the work of law enforcement investigators and the Union County Coroner’s Office.
“Their work really made this case,” Phillips said.
Union County Coroner Dr. David Applegate has said the babysitter’s account of what happened does not match the medical evidence.
Officials explained that medical evidence shows the baby was upside down and could not breathe. Phillips said that based on the evidence, the baby was hanging upside down, “for quite some time.”