LITTLE ROCK, AR — A Sherwood woman got one year probation and a fine for a hit-and-run accident that killed a little boy.



The mother was hoping for jail time, but a deal reached between prosecutors and the suspect’s attorney’s allowed her to walk out of the courthouse a free woman.



Kyisha Durham, 28, ducked our camera and refused to answer any questions as she left the Pulaski County Courthouse.



Minutes earlier, a deal had been reached between her attorneys and prosecutors. In exchange for a no contest plea, her charges of Negligent Homicide and Failure to Render Aid were dropped.



She was sentenced to one year probation and a $1,500 fine on a charge of Endangering the Welfare of a Minor.



Investigators say Durham was behind the wheel of an SUV March of 2013, when she struck 3-year-old Jalen Diggs in the parking lot of a Sherwood apartment complex.



“You can get more time for stealing a piece of candy out the store than you would you running over a child,” said Imunique Ruiz, mother of Jalen Diggs.



Charging documents in the case say after the accident, Durham drove home to her apartment in the back of the complex. She didn’t notify police even after being confronted by someone who saw what happened, the documents said.



Wednesday, prosecutors defended the plea deal, saying a lack of evidence and solid witnesses led them to the conclusion they could not get a conviction on the more serious charges.



They say one of the people who initially said they saw what happened, completely recanted. The other witnesses were children. Because of their age and inability to articulate, prosecutors say they don’t think they’d be able to prove what was originally charged.



But that’s little comfort for Jalen’s mother who says she thinks about him every day and struggles to explain everything to Jalen’s brother.







