Surprise Stiff Sentence for Daycare Provider in Abuse Case

GARDNER, KAN – A Gardner daycare provider who pleaded “no contest” to child abuse charges as part of a plea agreement received a stunning surprise from a visiting judge, who gave the woman over two-and-a-half years in prison instead of the 30 days and probation she and her attorney’s agreed to.

Attorneys for Beatrice Judah, 37, say that they plan to file a motion to appeal the sentence, saying that the judge was out-of-line for ignoring the plea agreement. But the parents of Noah Brewington, who’s leg was broken while he was in the care of Judah, say that the tougher sentence should stand.

“We wanted to see some accountability for the lady that hurt our child,” said Josh Brewington, Noah’s father.

Noah Brewington, now 5, was 11-months-old when she suffered a spiral fracture that doctors believe came from child abuse. Four years later, Judah, the child’s daycare provider, pleaded “no contest” to aggravated battery. But instead of the agreed deal of 30-days shock time plus probation, the judge slapped Judah with 32 months in prison.

“It was nice to hear that she was getting a little bit longer of a sentence,” said Jennifer Brewington, Noah’s mother.

But Judah’s husband was stunned, telling FOX 4 that he never wanted his wife to accept the plea deal, instead insisting she was innocent from the start.

“There was a lot of comments that she basically tortured the child, which is not true,” said Doug Judah. “Because I was here, the state workers were in the home, I mean the child was not being tortured.”

State nurses were in the home at the time of the incident because the Judah’s have three autistic children. According to the defense, the nurses neither saw nor heard any abuse.

Doug Judah says his wife only pleaded “no contest” to put the case behind her.

“I hope they honor what they say they were going to do because my wife did what they asked her to do,” said Doug Judah.

Prosecutors admit they agreed to the plea deal but say ultimately this is a decision up to the judge. The parents of Noah Brewington say that they hope the sentence stands.

“I’m really happy with the sentence right now, and I would prefer it stay that way,” said Jennifer Brewington.

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