Gipfert sentenced to probation in shaken baby case

Nancy Gipfert was sentenced to 24 months of probation, the first 90 days to be served in Cheyenne County jail, for her part in an incident which led to the permanent brain injury of an infant in her care.

In November a jury of six men and six women found Gipfert guilty of negligent child abuse, a class I misdemeanor.

The two-month-old victim in this case became seriously ill after his first visit to Gipfert's daycare on Sept. 13, 2011. It was later confirmed that he suffered from bleeding around his brain, brain damage and hemorrhages in his eyes.

During the sentencing hearing the prosecution, represented by assistant attorneys general Michael Guinan and William Tangeman, attempted to convince the court that this crime deserved the maximum sentence of a year's imprisonment. The state asked the court to consider what the victim now endures as a result of Gipfert's negligence.

"He's got a permanent brain injury from this," Tangeman said.

The fact that Gipfert had 18 kids at her daycare on the day of the incident, when she was only licensed to support 10, showed a disregard for the safety of all the children in her care, he added. On top of that, she lied to police about it, he continued.

"Ms. Gipfert put 18 kids at risk," Tangeman said. "[the victim] paid the cost and it was a significant cost."

Although Gipfert had no previous criminal record, the state questioned her truthfulness during the investigation. Tangeman acknowledged that many community members wrote letters to the court in support of the defendant. In this case, the prosecution argued that the seriousness of the crime and its life-altering implications should overshadow community support.

"Some crimes deserve the maximum punishment," Tangeman said. "This is one of those crimes."

He added that the victim is not developing at the same rate as other children his age. Doctors think he might experience mental and physical delays, as well as a diminished range of vision. The victim, when he gets old enough will ask what happened to the woman who did this to him, the prosecution stated.

Tangeman expressed hope that the victim would find Gipfert received a serious punishment instead of a slap on the wrist.

"This kid got a life sentence dealing with this stuff," Tangeman said. "By comparison a year in jail is nothing."

Defense attorney Don Miller asked the court for probation only, with no jail time. He emphasized that Gipfert was found guilty of a lesser charge than child abuse causing serious bodily injury, which was initially lodged against her.

"The jury found that there were some problems with the state's case," Miller said.

The police began investigating the case in fall 2011, but didn't arrest Gipfert until May 2012. If the case was that clear cut, she would have been arrested earlier, he said. The defense asked the court to take into account not just the offense but the offender herself.

"The people who know her, who've known her, support her," Miller said.

Many who sent letters to the court on Gipfert's behalf said they would continue to take their children to the defendant's daycare if it were still open. Miller expressed concern for the victim.

"We are hopeful and we pray that [the victim] is OK," he said.

Even though the parents and doctors say he might have developmental delays, in photos he looks like a typical kid, Miller said.

"Their son seems to be acting like a normal little boy," Miller said.

In the defense's opinion, the jury struggled in determining if Gipfert was responsible because she didn't call 911 when together she and the victim's mother found the infant to be pale and lethargic.

The defense argued that incarceration was not necessary. Gipfert posed no risk of committing additional crimes and is an upstanding member of the community, he said.

"The facts in this case, I think weigh in favor of a probationary sentence," Miller said.

Miller touted Gipfert's continuing commitment to her family, community and church. Gipfert acknowledges that she could have done more the help the victim on Sept. 13, 2011.

"She did not do anything to intentionally hurt this baby," Miller said.

Cheyenne County district court judge Derek Weimer addressed the court about the difficult nature of this case.

"This is one of the most divisive cases in which I've ever been involved," Weimer said.

The courtroom was regularly full of supporters for both the victim's family and the defendant, Weimer said. Many of those people think the jury got it wrong, he added. Those who support the victim think only the original charge of child abuse causing serious bodily injury would be fair. Friends of the defendant believe acquittal was the only answer.

"We cannot know what led the jury to reach the decision it reached," Weimer said.

The court took into consideration Gipfert's lack of a criminal history and the case's impact on her life when coming to a sentencing decision.

"As a result of this verdict, her life is unalterably changed," Weimer said.

Her reputation was sullied and she lost her livelihood, but the victim's life was altered as well.

"He has suffered an injury to his brain that cannot heal," Weimer said.

The boy endured a long hospital stay and continues to require medication and therapy.

"No one can tell his family or this court what his long-term prognosis is," Weimer said.

The victim's parents rightfully wonder what his future will be like, Weimer explained. The court received many letters from community members asking for a lenient sentence, he continued, but the fact remains that the victim will live with this for the rest of his life. The court must maintain a balance between these two views, he said. Because Gipfert was found guilty, she is culpable for the victim's injuries.

"This culpability requires consequences," Weimer said.

Gipfert's sentence of 24 months of probation is the maximum amount allowed. Gipfert was given one day of credit for time served. She will be required to report to the Cheyenne County jail on July 12, the victim's birthday and Sept. 13, the day of the incident in 2014 and 2015. Gipfert was ordered to complete 500 hour of community service and to pay a $1,000 fine as well as $964 in court costs.

Miller asked to file an application for appeal, which the court accepted. Bond was set at $10,000.