Day home operator sentenced to 3 years in death of toddler left in car seat for 5 hours

An unlicensed day home operator in Calgary has been sentenced to 3 years in prison for the death of a toddler left alone in a car seat in a closet for five hours.

Elmarie Simons, 59, who pleaded guilty to criminal negligence causing death earlier this month, was sentenced Tuesday in provincial courtin Calgary.

"This was no accident, nor was it a mistake. It was criminally negligent," JudgeJim Ogle said when announcing the sentence."Miss Simons abused a position of trust towards a very youngand helpless child."

He called the death of 18-month-old Ceira McGrath"unnecessary and avoidable."

Asphyxiation caused by car seat strap

In November 2015, Simons left the toddler alonein a car seat in a dark closet for five hoursto run errands at Walmart and McDonald's.

The childdied fromasphyxiation caused by the car seat strap, according to a statement of facts.Thetoddlerwasn'tproperly clipped in because the seat was too small. She slid down and choked herself, likely dying"trying to get out," the statement of facts said.

Prosecutors PamMcCluskeyandSaminaDhallasoughta four-year prison term, while defence lawyer AlainHepnerasked for a two-year sentence.

On Tuesday, Ogledescribed her actions as a "deliberate and negligent act by someone who knew better but was indifferent to the risk."

Ceira's twin brother had also beenin Simons's care but it's unclear where he was when his sister died.

Their parents had placed both children in the unlicensed day home as they were still on a wait-list for a registered daycare, a decision that haunts them, the judgenoted.

"Both parents experience undeserved but understandable guilt for having chosen Simons to care for their children," Ogle said.

"Ican only hope that with time these parents can move forward and return to the loving, caring parents their son Colby deserves. This is the best way they can remember their daughter, Ceira."

'Cruel and callous'

ParentsRyanMcGrathand TanyaGladwellwere emotional as the judgeread his decisionthe fatheroften holding his head in his hands.

That day in November 2015, Ceirawas rushed to hospitalfrom the day home on Silverado Ridge Crescent S.W. She died a short time later.

It wasn't until the following August thatpolice arrested Simons. She had continued to work at the home until her arrest.

Simons is not currently working and is living with her son, Ogle said. She has no prior criminal record.

But Ogle saidhe didn't see any evidence presented to reduce hermoral culpability or to show her actions were anything but"cruel and callous."

Simons looked down as the decision was read. Her five adult children sat in the court's front row to support their mother.

'I disregard the apology'

Outside the courtroom,McGrathcalled thejudgment"thoughtful" and said the family were glad the ordeal was over, but they would have gladly endured a trial if it meant Simons could have received alonger sentence.

McGrathsaid he doesn't believe Simons is sorry, despite her apology in court.

"Her apology we feel was self-serving. It seemed to have bought her sixmonths off, it was late," he said. "We don't believe she is remorseful. We know for a fact that it's happened on more than one occasion and not just withCeira, so I disregard the apology and the remorse."

Defence lawyer AlainHepnersaid there are no plans to appealSimons's sentence.

"This is right in the range that we proposed to the trial judge, so we agree this is probably the right sentence," he said.

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