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Mom Gets 20 Year Sentence for Permitting Child’s Death- Sentencing Update

July 11th, 2013 by
Victoria Pedraza leaving Courthouse after her 20 year sentence for Permitting Abuse of a Minor, which led to the death of her Daughter.

Victoria Pedraza leaving Courthouse after her 20 year sentence for Permitting Abuse of a Minor, which led to the death of her Daughter.

As the Victoria Pedraza trial is updated throughout the day, the MOST RECENT updates will be posted on top.Aubriana

At 3:15, Wednesday, the jury returned and sentenced Victoria Pedraza to the maximum sentence of 20 years in the Arkansas Dept. of Corrections.

~~~~~~~~~~
2 pm UpdateThe afternoon session started with Victoria Pedraza’s psychologist taking the stand, who discussed her 4 mental evaluations and her PTSD.

He spoke about battered women and “Why didn’t she get out of there?”

He then compared “battered woman syndrome” to “shocked dog” syndrome, and Victoria’s treatment to “tortured prisoners” throughout history.

When asked about his evaluation, he agreed that his interpretation was based on what she, and others, had told him.

At 1:35, the defense rested their case.

 

Judge Bynum Gibson read the sentencing instructions to the jury, at 1:40. He also gave the jury the option of putting her on probation for 5-20 years, as an “alternative sentence.”

The closing arguments began at 1:45, and ended at 2:20, when the jury went into deliberations.

~~~~~~~~~~~~~~~
1 pm Update

The prosecutor cross-examined Pedraza, introducing the green rope and 3 photos into evidence.

He asked the defendant about the child’s punishment, from both Daniel and herself.  She was asked about previous punches to the child’s abdomen, and recalled 2 of them.

He asked Pedraza why she moved back in with Daniel, after he’d been so abusive to her daughter.  After a few other brief responses, the defense rested its case.

As the jury left for lunch, the defense asked the court to give the jury directions about the option of probation as a sentence, which was agreed to by Judge Gibson.

At 1 pm, Victoria’s psychologist took the stand.

~~~~~~~~~~~~~~~~~~~~
11:45 Update
Victoria Pedraza contnued by telling the court how Daniel would punish Aubriana with military push-ups and holding chair-position against the wall.  She then told how he hit the child in the top if the head with a folded leather belt.

She told of the times he held the child’s head under a water faucet and the abuse she saw her mom receive.

The Friday before Aubriana was killed, Daniel had whipped Victoria with a belt. He later kicked her, while she was in the fetal position on the floor.

Later that night, Bree had to stay awake all night. When Daniel woke up during the night, she was sitting down. He tied the green rope (that was found in the closet) around her waste, so that if she sat down it would pull on his wrist.

Late that Sunday afternoon, Daniel whipped the toddler with a belt and punched her twice in the stomach area, once because she had left a wet spot on the floor. Victoria realized that Bree was vomited, so she tried to clean the child up.

She continued by telling that Daniel then tried to treat her by using the egg and tomato healing ritual.

Daniel became upset that Bree wasn’t breathing right, and called his mother.

Victoria told the jury the she saw her daughter take a breath, but not ket it out. After awhile, she said Daniel let her call 911, and told her to make up a good story to tell the EMTs.

The defendant then told of the emergency room visit, and being told that it was too late to save the child.

She told about her 4 different statements she made to police, and her lawyer showed photos of the belt marks on her, when she arrived in jail

Pedraza told about testifying against her husband, and cried as she described dealing with the death of her daughter.

~~~~~~~~~~~~~~~
10:30 Update

Dr. Jacobs, the ER doctor that day, was called to the stand at 9:40.

He testified that the infant was already in rigamortis, when she arrived at the emergency room.

He also recalled Victoria being distraught and saying that she should’ve done something sooner.

At 9:45, Pedraza began her testimony, describing her life before and after high school graduation and after joining the national guard. She also discussed Bree’s dad and showed the jury photos of Victoria and Aubriana.

She also told about her relationship with Daniel, and about the Electric Cowboy incident, when several of their friends sneaked off of Ft Chaffee. This was described as the first time Daniel ever hit her. “We both had been drinking quite a bit.” She did not press charges.

Victoria went on to describe her “first beating,” recalling that neither had been drinking. She told the court that she learned to not fight back, since it only made things worse.

Pedraza then described daily beatings and threats about what would happen if she left.

~~~~~~~~~~~~~~~
9:45 Update

Court resumed at 9 am Wednesday. as the defense called a lady from Warren that had used Victoria as a babysitter.

The next witness was a mental health therapist who described her issues dealing with the death of her child, her abuse from her husband, and being in jail.

The prosecution had the therapist read a section from one of her reports where Victoria was being abused by Daniel in November of 2011, before they married in February of 2012 (the month that Aubriana was killed).

The court took a recess at 9:20

~~~~~~~~~~~~~~~~
End of dy report, TuesdayAround 2:30, Victoria’s grandmother was called to the stand.

When asked if she know Daniel Pedraza, she replied, “Oh, yes,” which led to a spectator being removed from the courtroom after a comment and/or laugh.

The couple stayed with her for a few months, before she got tired of Daniel “scolding” Aubriana.

She especially recalled a puppy that Daniel had gotten for Victoria, but wouldn’t let Bree play with.

 

A national guard recruiter, a friend and former supervisor of Victoria testified next. Defense asked him about his friendship with Victoria.

The prosecution asked him if he knew that she’d pled guilty to permitting the abuse of her daughter, and if he had any personal knowledge about the events relating to the child’s death.

 

A longtime friend of Pedraza was called at 3 pm, who told about an incident at an Applebee’s near Ft Chaffee, where several friends were drinking, and she saw Daniel pull and shove on Victoria, while intoxicated.

She also recalled an incident at the National Guard barracks, after they had left a Little Rock bar, when Daniel punched Victoria in the face.

Another friend took the stand at 3:10, followed by a cousin at 3:25.

The jury was dismissed at 3:30, to return at 9:00 in the morning.

~~~~~~~~~~~~~~~~~~
DCSO detective Tim Nichols was called at 1:00.

Nichols testified about Victoria’s testimony on March 3, when she told investigators that Daniel had punched Aubriana in the stomach, around 7-8 pm the evening before she died.

She told officers that Daniel had step in a wet spot from an “accident” Bree had on the floor.

Nichols was asked to explain, using the court’s video system, the evidence in the home, upon their first appearance.

He pointed to a trash can, that contained bile, vomit, and a bloody rag.

He also described an egg, a tomato and bottle of Dasani “holy water” that were used for Aubriana’s healing.

During defense cross-examination of Nichols, he was asked to clearly specify which interviews Victoria attended with Daniel, and which ones he wasn’t present for.

The state rested their case at 1:45.

At 2:15, the defense began their presentation by calling the county jail administrator, who testified about probable whipping marks on Victoria’s body, at the time of her arrest, and her mental health visits.

At 2:25, another jail employee was called to the witness seat, to confirm that he moved Victoria to an interview room, when Daniel was here for court.

~~~~~~~~~~~~~~~~~~~
1 pm Update

At 11:20, an EMT who responded to the scene took the stand, describing, the
appearance of the home, Victoria’s explanation for the child’s injuries, and why
she suggested the ER call for an investigator, while on the way to the
hospital.
At 11:30, an ER RN testified about the child’s appearance,
injuries, and abdominal bruising.
The Arkansas deputy medical examiner
was sworn in at 11:40, after listing the cause of death as blunt force
traumas.
He specifically described how a hard blow to the child’s abdomen
had caused her duodenum to rupture, when compressed against her spinal column .
The court recessed at 12:05 for lunch.
~~~~~~~~~~~~~
11:30 Update
Prosecution opening statements began at 11:00, with deputy prosecutor Crews Puryear telling the jury that the abused minor was more than a “minor”, but instead a child named “Aubriana” and called “Bree” by her family.
He described how Victoria Pedraza, made up, and repeatedly told the false story of how her child fell off of a boat ramp at the lake.
Around 11:10, the defense attorney told the jury panel about how Victoria’s husband of 2 weeks had abused her, her child, and her mother, whom the couple lived with.
Just before 11:20, an EMT who responded to the scene took the witness stand.
11 am Update
During Pedraza’s jury selection, 9 potential jurors were dismissed, based on strong opinions, formed before the trial.
One was released for medical reasons;  a few were dismissed due to schedule conflicts.
One local mom was allowed to leave when she answered an attorney’s question by saying that she couldn’t consider the minimum sentence of 5 years as acceptable punishment.
A jury of 6 men and 6 women were seated at 10:40.
The case is expected to close tomorrow.
~~~~~~~~~~~~~~
10:00 am Update
The trial began today to sentence Victoria Pedraza for the charge of Permitting Abuse of a Minor, for the death of her 18 month old child in February of 2012.

Pedraza accepted a guilty plea, and her sentence will be decided by the today’s jury.

The sentence guidelines range from 5-20 years in prison and/or a $15,000 fine.

Jury selection began at 9 am., with 9 potential jurors being dismissed because of a strong opinion in the case, prior to the trial.

MLive will provide updates from the courtroom throughout the day

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Newer article: “From the Jury Box”

Older article: Stolen Truck Found in Local Pond

14 Responses to “Mom Gets 20 Year Sentence for Permitting Child’s Death- Sentencing Update”

  1. Amber says:

    This story just makes me sick to my stomach. I have small children and could not imagine treating them this way. I was not there and do not know details other than what has been told here. However, as a mother, I would NEVER let ANY person, male or female, husband or wife, boyfriend or girlfriend harm my children and get away with it! Whether or not I was being abused in the process or not, there is ALWAYS a way out of a situation! I could not love a man enough to let him harm my kids so brutally! So sad… just brings tears to my eyes! Poor sweet little baby! At least we know she is being taken care of by God himself now and she will never be harmed again!

  2. granny betty says:

    I know that if any of those people on jury duty has any children there is no way they can lay their head down knowing that she had enough chances to say that baby giving her probation. She has no feeling what so ever about that baby.

  3. nonya says:

    I don’t care about her being abused if that was my child I would die before I let a lil boy do some things like that to her I say give them both the death penalty u can beat me all u want but lay a hand on my child and your family will be mourning..

  4. Robynn says:

    Thank you jury!!

  5. 20 YEARS?????? Why didn’t she get LIFE?? She had to have known that this sweet baby was being abused.

  6. Nobody says:

    Seriously, 20 years? I don’t care if she did testify against her husband. She knew about the abuse and what was going on. She should not have gotten a lesser charge by testifying against her husband when she could have done something way sooner instead of letting the abuse go on. This justice system is a piece of crap. I would no ever let a man, boyfriend, mom,dad, his dad or anyone else harm my child. Really pisses me off reading this story and seeing how screwed up this system really is. But we have a justice system and go through chain on command to make the right choices, right? So 20 years for a death of your 2 year old child, that could’ve been prevented, is equal? BULLCRAP!!

  7. Heyya says:

    I have been in a abusive realsonship! They do beat u down & make u feel like ur nothing BUT my children r a totally different situation! After all I have been through I no she could of got herself & her baby out of there! When he’s a sleep are whenever he turned he’s back… I would of been gone with my baby!! I just don’t understand how a mother could ever allow this!! There is help out there!! GOD help us all!!!

  8. family member says:

    you people make me sick to my stomach and you dont desrve to know the whole truth and nothing but the truth cause youve already tried to be judge and jury and to tell you there is only one judge and that is God and he knows the whole story and truth women and children go through this everyday what do you do about it do you go to webites to see about battered women and children to c what you may beable to do to help them NO !!!!!!!!! so what gives you the right to sit and judge someone when in all reality you dont give a rats behind abou the world or the people in especially the abuse or you would be trying to do something about those that live this everyday adn the results remain the same someone dies and over 90% of the time its the abued not the abuser so wheres the justice in that pray for those that live this way in fear of their life and the beatings tht r yet to come instead of judging someone you know nothing about except the things you hear ! I pray tht God forgives you all for your judgement that you all r better thn everyone else and have NO reason to b judge because believe me God will judge when when the time comes ! I pray for mercy on your souls !!!!!!!!!

  9. Nobody says:

    @Family member
    No one said anything about judging her. Yes, abuse goes on everyday. We don’t see it or hear about it, always. So how can we comment or change something that isn’t made visible to us. Me as a person I always help and reach out to other because its a personal choice to help out, it makes me feel better as a person. So for you to say these comments are judging her is absurd. Knowing a person has nothing to do with situations that come from their bad decision. Neither does that validate what happened in the outcome of this situation. I’m scared of my own actions if I was to catch someone abusing my child, especially since he’s a toddler. Nothing you can say will change what happened, what people think, or bring the baby back. The fact of it still remains, she is gone by more than one situation that could have been avoided. Two people partaked in this & should pay the same consequences. No judging because I’m far from perfect. God always has the last word.

  10. eric says:

    i went to school with her i never thout that would happen my prayers go out to her family

  11. me says:

    i know the family and have heard the story , and this makes me sick that she just got 20 yrs and probably will not even serve 5 of it ! i have known her since she was a little girl but that is beside the point , she allowed this to happen to her 2 yr old little girl . i also was in a very abusive relationship for over 10 years where i was beaten and more on a daily basis so i know how it is to be beaten down and made to feel like there is no way out but when the abuse is on a baby there is no excuse for it !! she a plenty of chances to get out and plenty of people that would have helped her if she really wanted to ! how could she sleep at night knowing her baby girl was standing up all nite against a wall and not being allowed to ?? i would be the one in prison today is true if someone did this to my child but not because i allowed it , because i slit his throat while he was asleep !! she should have gotten way more than what she did , even if it was 20 yrs without the possibility of parole it would have been better , i just hope she dont get out of prison here in a few yrs and thinks it will be ok to just come back around here to live happily ever after because i know several people that will not like that at all – could turn ugly !!

  12. Enuff is Enuff! says:

    All I have to say is…. He had to sleep and he had to eat. She brought him into her babies life. She is as guilty as he.

  13. Tragic says:

    Thank God she got the maximum, although she will probably only serve 1/3 of that, if she is on good behavior. It’s sickening to know that she got such a short sentence but they cut the deal with her for her testimony, which ultimately, put the murderer behind bars for life instead of lesser time. I just honestly hope she never has any more children. There can not be an ounce of motherly instinct in her body. And regardless of what time she serves, she will have to think about what she allowed to happen to her child for the rest of her life. Now that is a life sentence!

  14. Franklin Benjamin asdf says:

    ***** “The U.S. Congress has ordered federal judges to make imprisonment decisions “recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation.”

    THERE YA GO, ANYBODY INVOLVED IN RUINING LIVES IS NOBODY I WANT TO BE AROUND. I love my country but hate what it’s doing to people by being quick to judge and getting them stuck paying fines b/c the other branches suck at managing our taxes.

    Terrifying story, but I must say the husband sounds like the typical type where military service has screwed with his mind (if it’s not a physiological problem). If he felt no guilt why the heck did he plead guilty to first-degree murder? My brother used to threaten my life all the time and b/c of another experience, I am very familiar with abuse. People don’t do things b/c they’re evil. Most often it is nothing more than an excess or deficiency of hormones, endogenous peptides, and/or neurotransmitters. He was wrong for what he did, but I do no think based on everything I’ve read that it was truly intentional (the death of the child I mean). B/c it was a child and not an older black male people are quick to have the “you deserve to go to hell” attitude. You see it with sexual abuse cases. I got past my problems with abuse and it turns out after extensive scans that my brother’s frontal lobe had earlier in his life been heavily traumatized; most likely due to what was thought to be initially a concussion during his years playing football “But someone else got dead instead,” Deen said after Victoria’s statement. Either it was typed wrong, but if not, how did the PA (prosecuting attorney) manage to get a law degree?

    “What prisoners try to convey to the free is how the presence of time as something being done to you, instead of something you do things with, alters the mind at every moment. For American prisoners, huge numbers of whom are serving sentences much longer than those given for similar crimes anywhere else in the civilized world—Texas alone has sentenced more than four hundred teen-agers to life imprisonment—time becomes in every sense this thing you serve.”

    “For most privileged, professional people, the experience of confinement is a mere brush, encountered after a kid’s arrest, say. For a great many poor people in America, particularly poor black men, prison is a destination that braids through an ordinary life, much as high school and college do for rich white ones. More than half of all black men without a high-school diploma go to prison at some time in their lives. ****Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today—perhaps the fundamental fact, as slavery was the fundamental fact of 1850. In truth, there are more black men in the grip of the criminal-justice system—in prison, on probation, or on parole—than were in slavery then (JESUS HELP US). Over all, there are now more people under “correctional supervision” in America—more than six million—than were in the Gulag Archipelago under Stalin at its height. That city of the confined and the controlled, Lockuptown, is now the second largest in the United States. ”

    And to the woman getting 20 years. ugh I AM so SICK of our judicial system. Send them to the college for criminals and yeah they’ll come out better for it. LOAD OF CRUD.

    Prisons are filled to the brim with non-violent offenders. PEOPLE NEED HELP NOT PUNISHMENT and this story is a perfect reminder of that. A woman’s child is dead and then the PA (who’s just trying to make a name for himself) ensures through the jury that her misery should continue. Again, if your child had a problem with drugs or violence at school what would you do? Be like Daniel and beat them and send them away for more punishment? The system is flawed if we have more prisons than any other country in the world and that they still are almost all over-populated (so that’s when they decide to keep the junkies and let out the violent offenders to make room for more people, or in their eyes, more money). So yes, mass incarceration is a problem ESPECIALLY if you’re a minority (hispanic, black, etc.).

    *I have known plenty of female friends that have been stuck in abusive relationships. Just b/c you’re not in one doesn’t give you the right to chide in and judge. Monticello is mostly Baptist so whatever happened to southern hospitality b/c I’ve never had a friendly neighbor since living here. They’re there but it is too rare b/c small town folks here are too busy judging so that they can forget their own faults in life and feel better that “hey, at least I’m not that cruddy. go me.”

    **No how about ya’ll all watch at least one of the episodes in the documentary series “Gideon’s Army.”

    *If you’re to judge people, at least try to understand first. Moderation in all things is important and lemme tell you our prison system IS WAAAAAYYY crooked. Why else have so many private companies started building their own prisons? ***MONEY! All comes down to money and corruption and if that isn’t realized about the country we live, then some fellow citizens really need to do some more reading.

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