Probation not likely in nanny case

Thursday, April 7, 2005 | 8:57 a.m.

A public campaign seeking a prison sentence for a 24-year-old nanny accused of abusing a Henderson infant who was hospitalized again last week may be paying dividends.

The prosecutor in the case said Wednesday there are no plans at this time to make Bethany Ford a plea bargain offer of probation. Chief Deputy District Attorney Tom Carroll said his office is still reviewing its options, but as of now the baby-shaking case is proceeding to trial on Jan. 30 before Judge Donald Mosley.

Ford pleaded not guilty on Tuesday to two charges of felony child abuse.

"There is a distinct possibility she is going to prison," Carroll said. "That is the likely thing to happen. I know her attorney is wishing she would receive probation, but that was a serious and egregious thing to harm that baby boy.

"It is a serious crime and needs to be treated that way. There needs to be punishment to send a message to her and other people caring for children that this is not allowed."

Carroll said his office has received dozens of e-mails and letters lobbying for a stiff sentence, and a similar campaign has been started with Mosley on the receiving end.

He said the efforts by a group of Henderson mothers has had an impact in that it has raised public awareness about child abuse. But, he said, it has not influenced how the office is handling the case.

Ford's public defender, Kristen Lynch, said she thinks prosecutors will never agree to probation. She said, however, there are more serious child abuse cases that go through the courthouse where defendants end up with probation.

If convicted at trial, Mosley will determine the punishment, which could range from probation to 40 years in prison.

"It is hard to say of the impact of the pressure, but there are obviously outside forces that neither of us have control over," Lynch said. "He (Carroll) needs to work his case the way he works it, but we understand the reality of the situation.

"When you see the number of e-mails sent, it is not realistic to think it is not making an impact somewhere."

The setting of the trial date comes as 6-month-old Ryan Kuckler was hospitalized for three days last week in pediatric intensive care after an apparent seizure. For several weeks, the infant has had excess fluid on the brain that doctors have been monitoring.

Ryan's mother, Paula Yakubik, said she realized something was wrong last week when she couldn't wake her son. He was lethargic and not even crying, she said.

"I thought he was OK and pulling through this fine, but you just don't know what's wrong. This is uncharted territory. We pray he has no more episodes."

Carroll said the rehospitalization of Ryan is additional evidence of the substantial harm he suffered. Ryan sustained a skull fracture and acute bleeding in the brain in December.

Yakubik said she's pleased there are no plans to offer probation and hopes Mosley sentences Ford to prison if she's convicted.

"I feel if she goes to prison, there will be justice," Yakubik said. "If she got probation, she would be getting off with a slap on the wrist."

Yakubik said she doesn't understand how Ford could plead not guilty when she told authorities that she had shaken her son, according to her arrest report. Yakubik said she had hoped Ford would plead guilty, accept her punishment and spare Ryan's family from having to deal with the criminal proceedings.

Lynch said she understands Yakubik's frustration with the justice system, but said she advised Ford not to plead guilty. Ford, who is living with her grandfather in the Las Vegas area, continues to undergo psychological counseling on a weekly basis, Lynch said.

"She is horrified by the events that took place and understands the frustration the family is feeling," Lynch said.

Authorities said Ford told them that she had twice shaken and struck the infant because his crying had frustrated her."