Inset: Melanie DiMarzio (Stark County Sheriff's Office). Background: The Ohio home where DiMarzio ran her home daycare (WOIO).
A 46-year-old former daycare owner in Ohio is headed to prison over the death of an 8-month-old boy, who suffocated after she put him down for a nap in a bed rather than in a crib.
Common Pleas Court Judge Chryssa Hartnett on Tuesday sentenced Melanie DiMarzio to five years in a state correctional facility after she pleaded guilty to one count of third-degree involuntary manslaughter and one count of endangering children in the death of Grant Simmons, court records show.
In exchange for her plea, prosecutors dropped an additional charge of first-degree involuntary manslaughter.
According to a criminal complaint obtained by Law&Crime, officers with the Village of East Canton Police Department on March 10 responded to a home on South Market Street for a medical emergency call involving an infant. The victim was unresponsive when first responders arrived and transported him to a nearby hospital for treatment. He was pronounced dead shortly after arriving at the facility.
Police discovered that DiMarzio was providing childcare at the residence despite lacking a license for the operation. In its complaint seeking to shut down the business, the village said DiMarzio told investigators she typically watched between five and 10 children for about $45 per child per day, paid in cash.
The complaint alleged that the home lacked appropriate supervision and sleeping arrangements for infants and toddlers. It also said DiMarzio had "difficulty recalling how many children she babysat," lacked current CPR certification and other medical training, had no formal plan for a fire or other emergency, and had no baby monitors or cameras to observe children in separate areas of the residence.
At least six children were at the home on the day Grant died, the complaint alleged: Grant, two 23-month-olds, a 1-year-old, a 3-year-old and a 4-year-old. The filing further said DiMarzio told police she did not know the 1-year-old's last name.
On March 20, a judge granted a temporary restraining order shutting down the daycare after learning that DiMarzio planned to reopen on March 23, according to a report from Cleveland-based CBS affiliate WOIO. After settling a lawsuit, DiMarzio reportedly sold the daycare.
DiMarzio was indicted in July in connection with Grant's death. She initially pleaded not guilty before reaching a deal with prosecutors.
At Tuesday's sentencing hearing, Grant's parents described the loss of their son. His father remembered a baby who "always had a smile, no matter what" and "loved life," according to the Canton Repository. He also addressed DiMarzio directly, saying, "I hope your cell is cold."
Grant's mother reportedly said she had trusted DiMarzio to care for her son and questioned DiMarzio's remorse by highlighting how she wanted to reopen the daycare on the day of Grant's funeral.
The mother further criticized DiMarzio for taking a family cruise after Grant's death and posting "Family is forever" on social media.
The judge echoed those sentiments, addressing DiMarzio directly.
"How tone deaf do you have to be to put that out there?" Hartnett asked the defendant.
The judge also told DiMarzio, "You definitely did things that you should not do," the Repository reported.
DiMarzio, who did not speak during the hearing, must report to the Stark County Jail on Nov. 9 to begin serving her five-year sentence.
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