A Lexington child care provider was sentenced to 36 months of probation last Friday(July 12, 2024) on a charge of Felony Child Abuse due to Negligence. The case against 65-year-old Elisa Alvarez was filed in Dawson County District Court in April 2024. Alvarez was found guilty of the charge last month after pleading “no contest”.
During that plea hearing, Nebraska Assistant Attorney General Demetria Herman stated that around 5:30am on January 26, 2022; the then 18-month-old child was left with Alvarez who provided day care in her home. The child’s mother stated that the child was in good health that morning. The child was picked up by relatives around 3:30pm that afternoon and observed that the child was crying, shaking and would stiffen up when trying to hold the child.
Herman continued that the child was immediately taken to Lexington Regional Health Center where X-rays revealed a “spiral fracture” of the right femur.
Herman said Alvarez told several different versions of events that may have caused the fracture. Herman said a child abuse specialist at Children’s Hospital in Omaha would have testified that spiral fractures are caused by the twisting of the body when the leg is stationary or when the leg is pulled or twisted and that none of of the versions explained by Alvarez would be consistent with causing a spiral fracture.
During her sentencing on Friday, Defense Attorney Brian Davis said his client is 65 years of age and that this was the first incident or complaint in the 14 years she had provided daycare. He added that she has no criminal history. Davis said the negligence in the case, that she did not contest, was that when relatives came to pick up the child, she did not disclose that she thought anything was wrong.
At sentencing, Herman said that “but, for the grace of God” the child could have had growth problems and lifelong complications, “we are very fortunate that his spiral fracture has healed well.” She said “all (the child’s) mother wants to know is actually what happened to her baby. But, we don’t have that information. And we don’t have an honest or straight forward statement from the defendent.”
District Judge Michael Piccolo explained some of the factors he considered in his sentence. He said her age, lack of criminal history and letters of reference were in her favor. But, he was concerned that the incident that occurred caused a spiral fracture to a very young child. He was also concerned that Alvarez was not necessarily forthright and honest about what happened.
He said that while she knew that the child had suffered something and was having problems, she was not direct and honest with the family. During the term of the 36-month probation she can not provide child care to the public but, can care for children of her relatives.
