Although this incident took place in the Upper Peninsula where our firm doesn’t often practice, we would still like to share it with you as it is a situation that could happen anywhere. In this case, the tragedy took place in Ishpeming, to a mother of eight.
According to court records, 37-year-old Nicole Christensen was recently sentenced to prison for accidentally smothering her infant in her sleep. The incident took place in August 2015, after the family was evicted from their home. Christiansen was apparently drinking at the time, and went to sleep with her 2-month-old baby boy beside her. During the night she rolled onto the infant, smothering him.
When police arrived the next morning at the hotel where the family was staying, they found the baby face down in an infant bouncy seat. Christensen admitted to officers that she had consumed a large quantity of alcohol the night before. She also admitted that she had received safe sleeping education at the hospital when her son was born, and that she did have a pack and play for him to sleep in, but had been too tired to set it up.
Child Protective Services removed Christiansen’s other seven children from her custody. She was then arrested and charged with single counts of Involuntary Manslaughter and Second Degree Child Abuse. Under Michigan law these are both felonies, the former punishable by up to 15 years in prison, while the latter is punishable by up to 10 years in prison.
Later, however, Christiansen was offered a plea deal by the Dickinson County Prosecutor’s Office. If she agreed to plead guilty to a single count of Attempted Involuntary Manslaughter, the Prosecutor agreed to drop the Involuntary Manslaughter and Second Degree Child Abuse charges.
Although the probation department determined that Christensen’s sentence should fall within 5 to 28 months, and recommended a minimum of 16-months in prison, the Judge disagreed. Without explaining her choice, Dickinson County Circuit Court Judge Mary B. Barglind said that she would more likely order a minimum sentence of 28 months, or 2 1/3rd years.
Christiansen’s defense attorney did ask the Judge to consider a shorter sentence, and one that would allow for jail time instead of prison. His argument was that Christensen had severe substance abuse issues, and also possible mental health problems. He said that she would suffer for the rest of her life for what had happened. But the Judge disagreed.
At her recent sentencing hearing, Christensen was sentenced to spend two years in prison, with credit for 231 days served. As of now, there is now word on what CPS plans to do with her children, or whether they will attempt to have her parental rights terminated now that she is incarcerated.