Sentencing delayed for woman accused of ignoring baby's fractures

Sentencing was delayed for at least three weeks for an Indian Hills woman accused of ignoring her baby son's fractured arm and leg until her mother took the child to a doctor 10 days after the injuries were incurred.

District Judge Michael Gibbons rescheduled the sentencing June 26 for April Mastrian, 29, pending completion of a psychological evaluation.

Mastrian wept at the setback, but Gibbons said she would be going to prison if he sentenced her Monday as scheduled.

She pleaded guilty in April to felony child neglect and faces up to six years in prison.

Gibbons said Monday the state completed a pre-sentence report and the baby's Court-Appointed Special Advocate completed a report, but there was no psychological evaluation required to determine if Mastrian was a threat to the community.

Without a psychological clearance, she would be ineligible for probation.

Mastrian's lawyer, Joel Barber, said he would make sure the evaluation gets done, but couldn't assure the judge it would be complete in three weeks.

Gibbons set an alternate sentencing date July 24.

"I know you're not happy sitting in jail. On the other hand, if you were sentenced today, you would be on your way to prison," he said.

Gibbons refused to release her on house arrest or lower her bail to $5,000. She has been in Douglas County Jail since her arrest in Feb. 4.

"It's an unfortunate turn of events," Gibbons said of the delay. "It' happened, we'll just have to deal with it. We need the best available information to make a decision."

Gibbons said to make sure that probation officials and the child's court advocate receive copies of the evaluation to update their reports to the court.

At her arraignment in April, Mastrian told Gibbons she didn't take the baby to the doctor because she was afraid she would get in trouble for using methamphetamine.

Mastrian was not accused of causing the fractures which she claimed came at the hands of an ex-boyfriend who was watching the little boy, his twin sister and Mastrian's three other children when the injury occurred in November. The little boy, who will be 2 in August, suffered fractures to his right arm and right leg. Ten days after the incident, the little boy's grandmother took him to a doctor who reported the injury to officials. The Carson City man was not charged in the case.

The children are in the custody of Mastrian's mother.


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