Former daycare operator sentenced to 10 years
Girl, 2, died; another injured in Norfolk woman’s care
A former Norfolk home daycare operator was sentenced Friday to 10 years in prison after she was found responsible for the death of one child and serious injury of another.
Norfolk Circuit Judge Michelle Atkins also ordered Jessica Cherry be on good behavior for 20 years after her release from prison, and to not operate a daycare or supervise children during that time.
Senior Assistant Commonwealth’s Attorney
Andrew Kolp had asked the judge to give Cherry the maximum 15 years for the charges she was found guilty of: involuntary manslaughter and child abuse. Kolp argued Cherry had not taken responsibility for the crimes and needed to be held accountable.
“She sees herself as the victim,” Kolp said, quoting from statements Cherry made to a presentence investigator in which she complained about “all that had been taken” from her and “all that (she’d) been through” since being charged. She also told the investigator she planned to go back to caring for children once she’s released.
Cherry, 39, didn’t make any statements in court Friday. Family members of the two children submitted victim impact statements but didn’t testify during sentencing.
The investigation into Cherry and her daycare began Aug. 18, 2020, after 2-year-old Kaylee Thomas died while in her care.
Cherry called 911 that day to report an unresponsive child. Kaylee was taken by paramedics to Children’s Hospital of The King’s Daughters, where she was pronounced dead.
The forensic pathologist who performed Kaylee’s autopsy determined she died from asphyxia, or a lack of oxygen, caused by suspected smothering. The pathologist also noted the child had suffered significant blunt force injuries.
Cherry went to trial in August 2022 in that case. A jury convicted her of the lesser charge of involuntary manslaughter, which carries a maximum penalty of 10 years.
After being arrested in Kaylee’s death, Cherry was charged with aggravated malicious wounding for an incident in which a child suffered a serious head wound while in her care.
Cherry told the child’s mother the 1-year-old girl fell from a chair and hit her head, according to a release from the Norfolk Commonwealth’s Attorney’s Office. The mother took her to the hospital, where it was discovered she’d suffered a skull fracture and extensive bruising to the back of her head, the release said.
That injury happened before Kaylee died. But no Child Protective Services or police investigation was done in that case, according to defense lawyer Emily Munn, so Cherry was able to continue operating her daycare.
Munn said Cherry later admitted she should have been supervising the child more closely. An expert hired by prosecutors determined the injury could have been caused by blunt force, but wasn’t able to rule out an accident.
Cherry went to trial in that case, and a mistrial was declared after the jury said it was hung, with 10 of them favoring acquittal, Munn said. Cherry later agreed to plead guilty to a lesser charge of child abuse and neglect.
Munn said Cherry’s daycare wasn’t licensed and wasn’t required to be because she didn’t care for enough children. A license is only required in Virginia if more than six children are being cared for at one time.