Still declaring her innocence, a 27-year-old Provo woman was sent to prison for up to 15 years Tuesday for fatally shaking a 5-month-old boy she was baby-sitting.
Daniella Ruiz was found guilty by jury last year of child-abuse homicide, a second-degree felony, for the death of Brandon Zamora in January 2006.
Ruiz begged for leniency on Tuesday, reminding 4th District Judge David Mortensen that she has four children of her own.
She also expressed her sorrow to the victim's family, saying she loved Brandon like one of her own children, according to Deputy Utah County Attorney Chad Grunander.
Defense attorney Sheldon Carter asked for probation and no jail time. But the judge said he felt the crime warranted a prison sentence, Grunander told The Tribune .
According to trial testimony, Ruiz was watching the victim and her own children on Jan. 4, 2006, when she called 911 to report the boy had stopped breathing.
He died after being declared brain dead the next day at Primary Children's Medical Center.
Carter argued the boy died of a bleeding disorder or a vitamin K deficiency. But doctors for the state testified he died of trauma that caused his brain to swell. They suggested a scenario where he was violently shaken and then thrown onto a soft surface, like a bed.
An autopsy revealed no external injuries, but there was severe hemorrhaging behind the eyes, a thin layer of blood around the brain, and bleeding around the baby's kidneys and spine.
During an interview with police, Ruiz made several comments to the effect of, "I do feel guilty but I don't know what happened," and "My fear is maybe I did [shake the baby]."
Grunander told jurors: "We're alleging that she lost control, that she shook Brandon, which caused brain damage that was irreversible and caused his death."
Grunander said Tuesday that he hoped the sentencing would bring closure to the victim's family.
He noted the mother of the victim was pregnant during the trial last November, but had since given birth to a healthy child.
