80-year sentence for Jessica Tata brings families relief

Makayla Dickerson shows her "pretty arm" as she stands with her mom Tiffany Dickerson, left, and sister Kiyanna Richardson after Jessica Tata's sentencing Tuesday, Nov. 20, 2012, in Houston. Tata was sentenced to 80 years for her felony murder conviction in the death of one of four children killed in a fire at her home day care in Houston. (AP Photo/Houston Chronicle, Cody Duty) less Makayla Dickerson shows her "pretty arm" as she stands with her mom Tiffany Dickerson, left, and sister Kiyanna Richardson after Jessica Tata's sentencing Tuesday, Nov. 20, 2012, in Houston. Tata was sentenced ... more Photo: Cody Duty, MBI Photo: Cody Duty, MBI Image 1 of / 9 Caption Close 80-year sentence for Jessica Tata brings families relief 1 / 9 Back to Gallery

A gasp escaped Tiffany Dickerson when state district Judge Marc Brown read the 80-year prison sentence for Jessica Tata even though observers were warned noise would violate court decorum.

Dickerson swayed in her seat and took several more deep breaths, making sure to stay quiet.

The jury's decision Tuesday was a relief for victims' family members like Dickerson, whose 3-year-old son, Shomari, died in the February 2011 day care fire along with 16-month-old Elias Castillo, 20-month-old Kendyll Stradford and 19-month-old Elizabeth Kajoh.

Tata showed no emotion when the sentence was read. Her lawyer, Mike DeGeurin, shook his head.

The 24-year-old day care operator said nothing when the judge offered her a chance to speak, which DeGeurin said was because she still faces several charges for the deaths and injuries of the other children.

Prosecutors said Tata left a pot of oil on a hot burner, which started the fire after she left children at her west Houston day care alone to go shopping.

Jurors could have given Tata anywhere from five years to life in prison after she was convicted last week of felony murder for Elias' death. Tata, who will be eligible for parole in 30 years, was also fined $10,000.

Elias' mother, Keshia Brown, wasn't present for the sentencing, but other relatives said the sentence was a victory for all the children.

Patty Sparks, the boy's great-grandmother, said no one wins in a situation like this. "My heart goes out to the Tata family," Sparks said. "And of course, the mothers and fathers that lost their family members."

She said she hopes after this case, the state of Texas will perform better background checks of day care owners.

Sparks described her great-grandson as a precious little boy with an adorable smile. She said his mother misses him so much. "I know this will be a new beginning for them," she said.

Three more cases

After the jury left the courtroom, prosecutor Connie Spence spoke to Dickerson and her two daughters.

Makayla Dickerson, who was 2 when the fire burned her and killed her brother, gave Spence a high five. Looking up at Spence, Makayla thanked her "from all the kids in the day care fire."

Later the young girl showed her scarred and burned forearm to onlookers. "It's my pretty arm," she said shyly.

Prosecutor Steven Baldassano said the district attorney's office will proceed with the cases of the other three children who died in the fire depending on the status of any appeals from Tata's lawyers.

"Justice was done," he said, calling the decision "basically a life sentence."

Baldassano, who had worked on the case for a year and a half, said he has gotten to know the families and their children. "The kids are brave," he said. "It's tough because the verdict doesn't undo things."

Spence said it was very difficult to find words to convey the pain and anger surrounding this case.

She said she showed a video of the children in her closing statements because she wanted to remind the jury that they were real and happy only four hours before perishing in the fire.

"Her behavior was inexcusable," Spence said. "For all those Jessica Tatas out there. ... They are really underpaid and under appreciated but their behavior is important."

Tata's family silent

Tata's family and friends filled several rows near the courtroom's right wall, supporting each other throughout the day by gently squeezing a hand or quietly talking. They declined to comment.

DeGeurin told reporters that the trial had been difficult for his client and her family. He said Tata has made her remorse clear.

"She said, 'This is not really about me. This is about the children,'" DeGeurin said.

He said the jury's sentence and the original charge ultimately came down to the number of children in the fire. "That's what took it from what it would normally be - a max of 20 years - and pushed it into felony murder," he said.

Earlier, he had told reporters, "The sentence is not going to fix things. It's not going to make anybody feel better later on."

DeGeurin confirmed he would appeal the case.

"From the beginning, I have not agreed with the law that says an accident can be stretched to a murder charge," DeGeurin said. He clarified that leaving the children alone was not an accident, but the fire was.

Sparks, Castillo's great-grandmother, said during a victim impact statement that by hiding behind the tragedy as an accident Tata could not truly learn from her mistakes.

"The only mourning you did was for yourself," Sparks said. Reading from a prepared statement, the woman looked up as she said she forgives Tata for what she did, but wished all of Tata's family had been like her mother, encouraging her to be accountable for her actions.

"That's real love. Getting your child to admit they did something wrong and help them through it," she said. "My heart goes out to you, Mrs. Tata."