INDIANAPOLIS — An Indianapolis mother was found not guilty in the death of her 2-month-old daughter in 2022.
Dacia Lacey had been charged with neglect of a dependent resulting in death. Police believed she was tired and high on methamphetamine and smothered her baby, Alona, because she would not stop crying.
Here's a recap of each day of the bench trial.
Day 3 of trial
"You're not innocent, but you're not guilty of what the state has charged you with," Judge Mark Stoner said.
The judge ruled Dacia as not guilty.
"This is a case that happens when you're a bad parent. There are some things you can never do. You can never have sole possession of your children and go out and use drugs," Stoner said.
Before issuing his verdict, Stoner said the court does not place any reliance on the testimony from Dacia's other daughter.
"That doesn't mean that (Dacia's other daughter) is unreliable — it means that (Dacia's other daughter) is innocent," Stoner said. "(Dacia's other daughter) is a 3-year-old. (Dacia's other daughter) is only capable of hearing emotions, repeating some things without understanding things."
Stoner also pointed to the charge Dacia was facing — neglect of a dependent resulting in death.
"Not everything that's a mistake or everything that is wrong is criminal," Stoner said. "Something has to be done with criminal intent, criminal responsibility, and that's what the defendant is charged with. When the state chooses to charge an individual, they must prove they did something with criminal intent. Poor parenting, by definition, is not criminal."
In this case, Stoner said there is no physical evidence that shows neglect of a dependent, such as broken bones, injuries that have not healed over a long period of time or signs of abuse.
The pathologist was not able to provide a cause or manner of death for Alona — unable to say if the baby's death was a homicide or due to trauma.
"It's important to understand that the prosecutor chooses the charges. It's the prosecutor that's elected. The prosecutor has a screening division to make decisions as to what should be charged," Stoner said.
13News reached out to the Marion County Prosecutor's Office following the verdict for a statement, to which a spokesperson said, "We have no additional comment at this time."
Day 2 of trial
Investigators learned Tuesday that Dacia Lacey’s then-3-year-old daughter told a consistent story to several family members that her mom was angry because the baby would not stop crying and put a pillow on the baby’s face. That led police to question Dacia again months after the Aug. 29, 2022, incident.
The lead detective on the case, Jamie Davis, testified Tuesday on day two of the bench trial. Davis is a child abuse detective with the Indianapolis Metropolitan Police Department. She testified that Dacia told several versions of what happened to her 2-month-old daughter before confessing.
"She was actually sitting in my lap and crying on my shoulder, and had said that she did her baby wrong and said that she had smothered her baby,” Davis said. “Basically, she said that she was high, and she was tired, and Alona had been crying. Ultimately, she ended up picking up Alona and facing her towards the crease in the couch. So, if you have the back of the couch and then the seating area, she placed her faced toward the crease.”
Toxicology results showed methamphetamine in Dacia's system the day her baby died.
Judge Mark Stoner said he needed more time to review the three-hour video of Davis’ interview with Dacia.
“Before you do your argument and everything else, I need to think,” Stoner told the attorneys. “So, not particularly an easy case.”
Closing arguments and the judge's verdict are now expected Wednesday.
Day 1 of trial
The key witness Monday was the mother's other daughter, who was just 3 years old when the baby died.
The 911 call Dacia made on the morning of Aug. 29, 2022, was played in court Monday.
Operator: “Marion County 911, where's the location of your emergency?”
Dacia: “Oh my god! Oh my God! My baby is dead! My newborn baby is dead!"
The baby was dead when first responders arrived at the house on Burton Avenue, near Riverside Park on the near northwest side of Indianapolis.
The evidence presented Monday included a video where Dacia used a baby doll to reenact for investigators how she claimed she put the baby in a rocking swing with a bottle and laid down to sleep.
But in the courtroom, her other daughter, now almost 5 years old, testified, "Mom was mad, hit the baby with a pillow and put the pillow on her face."
The little girl told other family the same story shortly after the baby died.
Jennifer Armstrong is the fiancée of Dacia Lacey's father, David Lacey. The little girl came to stay with her and David after the incident where the 2-month-old died.
“She said my mommy got really mad at her because she wouldn't stop crying,” Armstrong testified. “And she held a pillow on her face and hit her with it. And I'm like, 'What? Like, what did you just say?'"
Armstrong asked the little girl to repeat herself and recorded a video of the girl telling the story. That led to criminal charges. The video was shown in court Monday.
David Lacey broke down on the witness stand before testifying that his granddaughter told him the same story months later.
"Papaw, I seen my mommy take a pillow and put it over the baby's face to get her to stop crying,” David said.
But the defense argues Dacia was just an exhausted mother taking care of three children ages 3 and under and woke up to find her baby dead.
"The evidence will leave this court with a lot of questions and not a lot of answers,” defense attorney Courtney Benson-Kooy said. “And the reason that this court will have a lot of questions is because this is a tragic accident with no real explanation."
This is a bench trial, with Judge Mark Stoner deciding the verdict and sentence. Testimony resumes Tuesday morning. The judge is expected to review a three-hour video of a police interview with Dacia on his own outside the courtroom. Closing arguments will likely be scheduled for a later day.
A toxicology report showed that Dacia tested positive for methamphetamine in her system.
She faces a 20- to 40-year sentence if convicted.