Mother ordered to trial in death of diabetic girl

By Matt Pordum

Monday, June 14, 2004 | 9:30 a.m.

The mother of a diabetic 11-year-old girl who died on Feb. 9 because her insulin level was too low will stand trial for murder, Justice of the Peace Douglas Smith ruled on Friday.

Cheryl Botzet is scheduled for arraignment before District Judge Sally Loehrer on June 28. Police and prosecutors allege Botzet neglected the monitoring of Ariel Botzet's insulin levels over a period of time, which lead to the child's death.

Under Nevada law it can be considered murder if a child dies as result of parental abuse or neglect.

The closing of the hearing focused on whether Ariel's death was the result of premeditated murder or child abuse.

Cheryl Botzet's attorney, Herb Sachs, and Chief Deputy District Attorney Vickie Monroe both offered different views on how Cheryl Botzet's actions -- or inactions -- should be viewed. Chief Deputy District Attorney Vicki Monroe argued that because testimony indicated Cheryl Botzet knew how to treat diabetes and take care of Ariel and failed to do so, the act was premeditated.

"She (Cheryl Botzet) knew the consequences," Monroe said. "The woman (Cheryl Botzet) held the insulin from the child knowing that this child was going into diabetic ketocidosis. There is plenty of evidence present that this was a premeditated and deliberate act."

Sachs said the prosecution failed to prove his client had any intent to murder her daughter.

"There is not one iota of evidence that indicates any intent from my client," Sachs said. "Monroe said 'we (the District Attorney's office) can prove she (Cheryl Botzet) planned it.' How do you plan something you don't do? It's ludicrous. The District Attorney's office is overcharging this crime."

Monroe reasoned that failing to give insulin shots to Ariel for three or four months supported the charge of killing as an act of child abuse, which requires that a physical injury took place. Monroe said failing to administer the insulin shots led to physical abuse against Ariel as the child began feeling ill, her brain swelled, she became comatose and then died.

District Attorney David Roger was less subtle in how he perceived Cheryl Botzet's actions. "There is no distinction between what Cheryl Botzet did here and putting a gun to the back of Ariel's head and pulling the trigger," Roger said.

Sachs said under state law, child abuse requires a physical, non-accidental injury.

"Take the kid, hit the kid, throw him down the stairs, that's what the statute indicates as child abuse," Sachs said. "The District Attorney is not the legislature, he ( David Roger) cannot change the law. Neglect is not abuse."

Ariel Botzet died of diabetic ketocidosis, a condition involving an acidifying of the blood caused by a lack of insulin. The condition can be mistaken for a cold or flu, the report says, and parents of diabetic children are instructed that if their child appears ill immediate medical attention should be sought.

An autopsy showed the condition was a result of chronic medical neglect.

A doctor told Metro Police investigators that if Cheryl Botzet had sought medical care for her daughter, Ariel, the girl would not have died, the arrest report notes.

The testimony of Randall Botzet, Ariel's father, was perhaps the most damaging to Cheryl Botzet's case, as he recounted a chilling exchange he had. "She (Cheryl Botzet) said, 'you will never get custody of her. I don't care what I have to do,' " he recounted in the two-day preliminary hearing.

Randall Botzet said he asked Cheryl Botzet regularly if she was monitoring Ariel's diabetes, and was always given the same response.

"I'd ask her (Cheryl Botzet) if she saw the doctor and if she (Cheryl Botzet) was giving her (Ariel Botzet) shots and she would say 'Don't worry about it Randy,' " Randall Botzet said. "I didn't worry because she had always been good at it. When I asked her about the doctor she (Cheryl Botzet) said 'I don't have his name, don't worry about it.' "

Randall Botzett said he was worried when he Ariel came over his house on Feb. 3, 2003. He said Ariel looked pale and complained of a stomach ache. Three days later, Randall Botzet said he rushed to the emergency room at UMC.

"I went through the emergency room doors and I saw Cheryl (Botzet)," Randall Botzet said. "I asked her 'What the hell is going on?' Cheryl (Botzet) told me Ariel was getting a Cat-Scan and she (Cheryl Botzet) thought she (Ariel) had the flu. I asked her 'Why didn't you take her in (to the doctor), you know that was the procedure.' "