A circuit court judge Wednesday sentenced Dixie Denise Villa to 20 years in prison for the Feb. 23, 2019, Benadryl overdose death of a 7-month-old infant girl.
Villa, who ran an unlicensed daycare at her home on Aliamanu Military Reservation, on Nov. 15 was found guilty of manslaughter in the death of Abigail Lobisch.
Circuit Judge Fa‘auuga To‘oto‘o told Villa that he could not place her on probation as she requested — based on the facts of the case, witness testimony and particularly the medical evidence.
Villa’s attorney, Megan Kau, asked that her client, be sentenced to 10 years’ probation, so she could care for her two minor children.
The 46-year-old former Navy housewife, who appeared for sentencing in a white paper jumpsuit, without the makeup and stylish clothes she wore at trial, did not address the court at the advice of counsel because she plans to appeal. She remained stoic as she was sentenced.
Deputy Prosecutor Tiffany Kaeo told the judge that Villa had been under supervision in Florida for prior “battery-type offenses,” including some convictions, though dated. She argued against probation, asking the judge to hold Villa accountable in order to serve as a deterrent, to protect the public from further conduct, and the need to avoid disparities in sentencing for those with similar conduct.
The judge acknowledged Villa’s trial before a jury had been difficult. The testimony of medical professionals showed that Abigail Lobisch’s blood contained a high level of diphenhydramine, the active ingredient in Benadryl. It was well over the recommended amount, and should never have been given to children under the age of 6 without a doctor’s recommendation, Kaeo had said.
Kaeo said Villa, as a hired babysitter, had been entrusted with the care of a child.
The child’s mother, Anna Lobisch, had dropped off her daughter and son with Villa at the Aulani Resort & Spa, where Villa was staying with her young children, two visiting adult daughters and their adult friend.
According to witness testimony, Villa got into an argument and was angry with her adult daughters and their friend, who had been staying at her home.
They all abruptly left the resort, and she told them to leave her home, which left Villa alone that night to care for the four young children.
The next morning, Villa told first responders she awoke to find the unresponsive infant, who had been sleeping with Villa in her bed, along with her two young children and Abigail’s brother, Zachariah. But the baby had been dead for some time, showing signs of rigor mortis.
The judge imposed 20 years of imprisonment based on the medical records, and the amount of Benadryl found in the baby’s blood.
Anna Lobisch tearfully told the judge that her child was “only 7 months old when she was cruelly taken from this world” six years ago. “In all that time, my heart has never stopped hurting.”
“Abi was a sweet baby, so loving, so full of life. She had the kindest eyes, and anyone who met her instantly fell in love with her gentle spirit. Her presence was calming, beautiful and pure.”
“Her family and I have missed her first birthday, … her first steps, her first words and her first day at school — the milestones every parent looks forward to, having been stolen.”
“I will never hear her call me mama, or comfort her through her toughest moments,” Lobisch said, her voice breaking.
Lobisch said Villa has shown no remorse.
She said Abigail’s death also hurt her older brother, Zachariah, who attended the sentencing, as well as the brother she never got to meet.
“Through all of this, Abi’s story has reached people beyond this courtroom,” Lobisch said, “Her story has sparked conversations, raised awareness and inspired others to speak out.”
The story has been seen online by millions, on television and in the newspaper, she said. (CourtTV covered the trial gavel to gavel.)
“She’s shown the world the danger of giving children over-the-counter medications to make them sleep,” Lobisch said. “Through this unbearable tragedy, others have found the strength to speak up for other children. Abi’s life mattered and she has made a difference, even though she was taken far too soon.”
“My hope is that Abi’s story helps others to not make the same poor choices the defendant made that night … But justice is still necessary because people like her should never be given the chance to hurt another person again. Children like Abi deserve to be protected. No family should be allowed to suffer like I (and my sons) have.”
Lobisch said Villa could have called her that night, and she would have dropped everything and picked Abigail up.
“She never gave me that choice, and showed zero remorse. I ask you hold the defendant accountable … She does not deserve leniency … after walking free for almost six years.”
Kau withdrew as counsel, and Villa plans to appeal with a new attorney. Villa has a May 9 district court hearing in a case in which she is accused of theft from the Navy Exchange.
The Lobisches filed a federal civil lawsuit against the government and Island Palm Communities LLC, regarding Villa’s unlicensed daycare. The case was stayed while the criminal trial was ongoing, and will likely resume shortly.
