Judge Frees Mom Charged With Neglect in Death of Infant, Says Prosecutors Filed Wrong Charge

“Poor parenting … is not criminal,” the judge said.

An Indianapolis judge found that the prosecution hadn’t proved its case on Wednesday, ruling a mother not guilty in the death of her 2-month=old daughter in August 2022.

“You’re not innocent, but you’re not guilty of what the state has charged you with,” Judge Mark Stoner told Dacia Lacey at the end of the three day trial, adding that he came to the decision “reluctantly,” according to WTHR.

Lacey was charged with neglect resulting in death and tearfully told investigators that she smothered the infant, Alona Lacey, because she was high on methamphetamine and wanted the baby to stop crying so she could sleep. But Stoner pointed out there was no evidence of neglect —  no broken bones, no injuries healed over a long period of time, no signs of malnourishment.

“Not everything that’s a mistake or everything that is wrong is criminal,” Stoner said. “Something has to be done with criminal intent, criminal responsibility, and that’s what the defendant is charged with. When the state chooses to charge an individual, they must prove they did something with criminal intent. Poor parenting, by definition, is not criminal.”

An appropriate charge, he said, would have been involuntary manslaughter, but the judge said he is limited by what prosecutors filed.

“This is a case that happens when you’re a bad parent,” he said. “There are some things you can never do. You can never have sole possession of your children and go out and use drugs.”

Lacey’s then-3-year-old daughter, now 5, testified at the trial “Mom was mad, hit the baby with a pillow and put the pillow on her face.” The little girl told other family members the same thing, and they testified to that. But Stoner discounted the duaghter’s testimony.

“That doesn’t mean that [Lacey’s other daughter] is unreliable — it means that [she] is innocent,” Stoner said. “[She] is a 3-year-old. [She] is only capable of hearing emotions, repeating some things without understanding things.”

Stoner said Lacey’s actions were reckless, he said, but prosecutors filed the wrong charge and he had no choice but to find the defendant not guilty.

Attorneys on both sides declined to comment after the trial.

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[Featured image: Dacia Lacey/Marion County Jail]