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A former daycare owner and her daughter were sentenced to a collective four months in the county jail Tuesday for their roles in the death of 2-year-old Jazmin Green, who died almost three years ago after they left her in a daycare van on a dangerously hot and humid day.
The sentence was not stiff enough, according to the child’s mother, April McAlister.
“I ain’t happy at all. These people got away with murder, for killing my damn child,” she said, her voice getting louder as her emotions took over. “Both of them should have got more time.”
A Clayton jury last month acquitted the two of murder for the death of Jazmin Green. The jury convicted Marlo Maria Fallings of a misdemeanor and her daughter, Quantabia Shantell Hopkins, of two misdemeanors — involuntary manslaughter and reckless conduct — and a felony, deprivation of a child.
Clayton Judge Matthew Simmons sentenced Fallings, the former owner of Marlo’s Magnificent Learning Center, to three months in jail and nine months probation. She could have got as much as 12 months in jail.
Hopkins, a teacher at the school, was sentenced 30 days and then almost 10 years probation. She could have got as much as 24 months in jail for the two misdemeanors and another 10 years in prison for the felony.
Jazmin died after being left behind in a van, strapped in a car seat, for three hours after a trip to Chuck E. Cheese for pizza.
Earlier, before the sentence was pronounced, McAlister told the judge she had trusted Fallings and Hopkins to care for her daughter and her older son for years.
“I know they’re not bad people,” McAlister said. “This was something that could have been prevented. This was a human life.”
Only Hopkins spoke to the judge before she was sentenced.
“I live with it every day of my life and I’m so, so sorry. I’m sorry. I’m sorry. I’m sorry,” she cried.
The judge agreed to give the two 10 more days of freedom before they must report to the Clayton County Jail at 6 p.m. on June 1. He delayed their incarceration so Hopkins, who lives with her parents, could make arrangements for her 2-year-old son and Fallings could settle things with the three jobs she works, including one as a nanny.
While Hopkins was convicted of the more serious crimes, Simmons said he was giving Fallings more time in jail because he considered her to be ultimately responsible for putting her daughter and another teenager in charge of taking eight toddlers on an outing to Chuck E. Cheese on June 20, 2011, and in charge of seeing that all children were taken from the van. Hopkins took the children on the second row and the 16-year-old was in charge of getting the children off the back bench of the van, where Jazmin was.
He was troubled that Hopkins lied to police, telling them Jazmin had been in the van only 30 minutes. The judge also noted that Fallings’ had been cited by the state Department of Early Care and Learning, which is also known as Bright From the Start, and required to take additional training.
Simmons also said they must be available at least once every three months to speak to other daycare owners about “what can happen.
“These aren’t just empty regulations,” Simmons said. “I don’t know if they want you or not. But it would drive home the point (about how serious these regulations are).”
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