Ex-Nurse Mom Avoids Prison in Drug Overdose Death of Daughter, 6

Kathleen Dymes pleaded guilty to criminally negligent homicide and other charges in January

A Westchester County mother and onetime nurse will not serve any jail time after pleading guilty in the 2015 overdose death of her 6-year-old daughter.

Kathleen Dymes received five years' probation in the April 5, 2015 death of her daughter, Lacey Carr.

Dymes pleaded guilty to criminally negligent homicide and other crimes in January. Though prosecutors argued for a stiffer sentence, Judge Barbara Zambelli said at the time she would probably sentence the mother to probation.

"Isn't it true she probably wishes she was dead and not living without her daughter?" Zambelli said in the January hearing. "I think that's punishment enough."

Carr and Dymes were both found unconscious in their Croton-on-Hudson home that Easter Sunday by the girl's father. 

Authorities said Carr had ingested a fatal dose of Benadryl, morphine and diazepam, a powerful benzodiazepine first marketed under the brand name Valium.

Prosecutors had said Dymes knew the drugs would cause her daughter's death. Authorities found the drugs, along with an open bottle of alcohol and two handwritten notes, in the room where Carr's body was found.

After the hearing in January, Dymes' attorney said that her daughter's death will weigh heavily on her for the rest of her life.

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