By Associated Press - Tuesday, April 12, 2016

WHITE PLAINS, N.Y. (AP) - A former nurse who pleaded guilty to a homicide charge in her 6-year-old daughter’s overdose death was sentenced Tuesday to five years of probation, authorities said.

Kathleen Dymes, of Croton-on-Hudson, New York, pleaded guilty in January to criminally negligent homicide, misdemeanor child endangerment and possession of a controlled substance.

The little girl, Lacey Carr, was found dead in her bed on April 5, 2015 - Easter Sunday - after her father called 911, saying she was cold and not breathing.

Dymes was unconscious, kneeling on the floor next to the bed, according to authorities.

Lacey ingested a fatal combination of Benadryl, morphine and diazepam, an antidepressant. When police searched Dymes’ home, they found an open bottle of alcohol and “various and numerous over-the-counter, prescription and illegal drugs strewn about the room,” said the office of Acting Westchester County District Attorney James A. McCarty.



Judge Barbara Zambelli said in issuing the probation sentence that Dymes did not give Lacey the drugs; authorities said she had created an unsafe environment that led to her daughter’s death.

Dymes was in a coma for two weeks afterward and has been hospitalized for circulation damage to her legs and a broken foot. She entered the courtroom with a boot on her foot, using a rolling walker, which she sat on during the proceeding, and cried quietly, according to the Journal News (https://lohud.us/1qGrvQP ).

Prosecutor Doreen Lloyd said that, according to the Probation Department, Dymes tested positive for marijuana at the motel where she has been staying.

Lloyd said Dymes has shifted blame to the child.

“I find that disgraceful,” Lloyd said. “She failed in the worst possible way as a mother.”

Defense attorney Peter Tilem said Dymes has accepted responsibility and is “forever altered” by Lacey’s death.

“Lacey was my beautiful little girl,” the defendant said in a statement read by her lawyer. “I cannot even tell you how sorry I am.”

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