Aunt sentenced to five years for head injuries to niece

MANSFIELD - An aunt was sentenced to five years in prison on child endangerment charges stemming from serious head injuries to her 3-year-old niece suffered while in her and her husband's care.

Ashley Miller, 24, and John Miller, 25, were taking care of children for his sister, Kimberly Gheen, in April 2015 while she was in rehab when the injuries occurred, according to court documents.

Before sentencing in Richland County Common Pleas Judge Brent Robinson's courtroom on Wednesday, Assistant Richland County Prosecutor Brandon Pigg said the Millers initially said the child had suffered injuries at Mohican State Park by hitting her head on a rock.

Pigg said the couple later each gave Mansfield police differing versions of what allegedly happened, with Ashley saying that Kaylie was in the bathroom and she was spanking her and she hit her head against the toilet. Her husband said he was in the bathroom when it happened and he pushed the child and she hit her head on the toilet paper roll, Pigg said.

Pigg said the child was not expected to live beyond the night of April 19 until a neurologist removed part of her skull to allow her brain to swell through the opening. The child could still suffer from cognitive and physical disabilities, Pigg added.

The prosecutor told the judge that Ashley Miller shows a lack of remorse and responsibility as he recommended she receive the maximum 8-year sentence. She faced 10 different child endangerment counts — five felonies and five misdemeanors — but was charged on the most serious, a second-degree felony. John Miller is awaiting sentencing on similar charges.

Pigg said the physician said this was not a one-blow, blunt-force trauma.

"In the state's eyes they are both equally culpable for her injuries," Pigg said.

In a brief statement, Miller said she was so sorry that she let the situation get out of hand. She spoke in an inaudible voice that was difficult to be heard.

Gheen, the mother of Kaylie, told the court no sentence, no amount of time will be adequate for Miller to serve for what was done to her babies.

"There is nothing more than all of us wanting to see her go to prison for a long time," Gheen said. "Every day I ask myself why and how? They were just innocent babies. Sitting there watching your little girl... her skin so pale and gray, bruises from head to toe and her body so cold and it was bad, but knowing you're the only one who has the answers to how you could do such a horrible thing."

Gheen said she will forgive Ashley Miller one day.

"You had choices to be made. The ones we choose don't just effect ourselves but everyone around all of us," Gheen said.

A foster couple talked of how Kaylie, just over three years of age, lay motionless in the hospital. They talked about a list of limitations Kaylie endured including how she had to wear ankle braces to help her walk straight and wear a protective helmet.

Before the incident, the child could run, sit and eat and drink like other normal 3-year-old children. A G-tube remains in her stomach today for her medicines. Her right arm no longer moves like it used to and people struggle to understand her speech.

Robinson sentenced Ashley Miller to five years in prison and six months prison on five counts of child endangering to be served concurrently. She also must complete three years of mandatory post release control after serving her prison sentence.

The five misdemeanors related to the nature of conditions of the Millers' home on Pawnee Avenue for all of the six children living there.

Robinson said he saw the inside of the house where feces was seen on baby bottles and called the house "not fit for animals" to live in.

The Millers have been behind bars since April 2015 on separate $250,000 cash and personal recognizance bonds. The charges stemmed from a call Nationwide Children's Hospital in Columbus made to Mansfield 911 about the three-year-old girl who was transported there for treatment of serious injuries that appeared to be consistent with possible abuse.

Lwhitmir@nncogannett.com

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Twitter: @LWhitmir