Babysitter receives maximum sentence for baby’s Benadryl overdose death
HONOLULU (HawaiiNewsNow/Gray News) – A babysitter who was found guilty of manslaughter in the Benadryl overdose death of a baby girl was sentenced Wednesday.
Dixie Denise Villa received the maximum sentence for manslaughter – 20 years in prison.
Villa was babysitting 7-month-old Abigail Lobisch overnight in 2019 when the child died from a fatal dose of diphenhydramine, an ingredient in Benadryl.
The death happened on Aliamanu Military Reservation, a military base and residential area located on Oahu, Hawaii.
Deputy Prosecuting Attorney Tiffany Kaeo told the court that Villa deserved the maximum sentence.
“This drug should never be given to any child under the age of 6 without a doctor’s orders,” Kaeo said.
A pediatrician also testified that Benadryl is not marketed for babies, and that the packaging typically says, “Not for use under the age of 2, except under the direct supervision and recommendation of a physician.”
Villa’s attorney, Megan Kau, argued for Villa to be sentenced to probation. Kau said Villa was not a danger to the public and could not care for her own two children, one of whom has special needs, from behind bars.
In the end, Circuit Court Judge Faaunga Toʻotoʻo agreed with the prosecution, handing down the maximum 20-year sentence.
“This was a difficult trial,” he said. “The facts and the law here are clear. This should not have happened.”
Toʻotoʻo continued, “These are the factors that the court has to consider, as well as what is appropriate, and the only sentence that stands out for this case is that the defendant must be sentenced to 20 years of imprisonment.”
Anna Lobisch, the baby’s mother, told the court that she has been grieving ever since losing her child.
“My heart has never stopped hurting,” Lobisch said through tears. “The loss and the pain of living without Abby is a heavy weight that I will carry every single day for the rest of my life until Abby and I are finally reunited.”
The parole board will determine how many years Villa must serve in prison before being eligible for parole.
Villa had asked for a new trial, claiming evidence was withheld and that the child’s mother lied on the stand about co-sleeping with the baby, thus challenging her credibility.
A judge denied that request last month, saying newly acquired evidence would not have changed the jury’s verdict.
Villa’s attorney says she plans to appeal the conviction.
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