Monday, November 19, 2018

Illegal Bristol Township day care operator sentenced to jail

Posted: Oct. 18, 2018
Before announcing the sentence for a Bristol Township woman who operated an illegal day care where a toddler died last year, Bucks County Judge Brian McGuffin predicted neither side would leave happy.
Alivia Sawicki (l) Jaimee Lee Gorman (r)
“This is a very, very difficult case in terms of what is fair,” said McGuffin, who presided over the case against Jaimee Lee Gorman, 37, who pleaded guilty last month to endangering the welfare of children. “No matter what I do in the case, someone is going to be disappointed, frustrated.”
On Thursday, McGuffin sentenced Gorman, a single mother of three, to 3 to 23 months in Bucks County prison and ordered $16,048 in restitution to the parents of Alivia Sawicki for uncovered medical expenses and funeral costs. She faced a potential maximum state prison sentence of five years.
Gorman was ordered to report to the prison in two weeks — on the day before what would have been Alivia’s third birthday.
“I don’t think you’re a bad person. I don’t think you’re evil. But you were overwhelmed that day,” McGuffin told a teary-eyed Gorman. “You took a lot of chances that day. There are consequences to actions. I cannot give you probation in this case. There has to be some teeth to this.”
But McGuffin also left open the possibility that Gorman could serve her sentence under house arrest, saying he would not oppose it, though that decision rests with the Bucks County Corrections Department. If that happens, the judge ordered that Gorman report to Bucks County prison at least once a week to spend eight hours in custody.
Defense attorney Michelle Grasso said that McGuffin clearly put a lot of thought into his decision.
“Judge McGuffin had a very difficult job to do today. He took a lot of time to consider a sentence he deemed fair and appropriate,” Grasso said after the hearing. “Our hearts go out to Sawicki family. It is my hope that both families will begin to heal.”
Christopher and Christina Sawicki enter court
Christopher and Christina Sawicki, Alivia’s parents, declined to address the judge Thursday, but previously submitted a victim impact statement. Christina Sawicki declined comment after the sentencing.
Throughout the hearing, McGuffin directly addressed the couple, expressing his sympathy for their loss and telling them he understood the significant impact on their family.
“I want the Sawickis to know what I’ve told you all along, my heart goes out to you folks. I thought a lot about you folks over the last month and the last few days. I’ll be thinking about you folks for a long time.”
In a courtroom packed with tissue-clutching supporters for both families, McGuffin explained that while deliberating the sentence over the last month, he reviewed extensive case materials including police and coroner reports, state child care regulations, even car seat recall lists to understand the circumstances surrounding what happened to the 19-month-old girl on June 16, 2017.
Christina Sawicki shows a tattoo of her daughter
Alivia Sawicki suffocated and died in a car seat after she was left alone for an afternoon nap in a second-floor bedroom. An autopsy determined the chest buckle pressed into her neck when she tried to get out of the seat. A 14-year-old relative of Gorman’s found the girl when she went to wake her. The death brought new attention to the potential risks of underground child care providers.
According to authorities, Gorman, a single mother of three, was watching nine children under age 16, plus her own kids, at her Fourth Avenue home in Croydon on the day of the death, including Alivia and her 4-year-old brother, Austin, who Gorman watched for about six months. A subsequent state human services death investigation found Gorman watched as many as 13 children at times without proper state licensing.
State licensing is required for all child care providers regularly supervising four or more children who are not their family members.
McGuffin asked Gorman how she thought she could take care of so many children at the same time, especially since one of her children has special needs that requires extra attention.
But Gorman responded that it wasn’t difficult because the similar-aged children followed similar schedules. She also had help from her older son and niece, and her younger child only required a full-time aide when he was in school.
Gorman told the court that the day she died, Alivia had woken from her nap earlier than usual. After a diaper change, Gorman said the girl was rubbing her eyes and seemed sleepy so she rocked her back to sleep in the car seat.
But McGuffin questioned why Gorman didn’t keep Alivia wake.
“Was it easier for you? That is the picture in my brain,” he added.
“No,” Gorman answered. “What was one more kid up? It didn’t matter to me. I had more kids than I usually do.”
“You had too many kids,” McGuffin replied.

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