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Woman sentenced in stolen-baby case Date published: 7/9/2009
BY ELLEN BILTZ
The woman who stole her friend's baby and fled to Lynchburg was sentenced yesterday to spend a year in prison for the abduction. Ashley Nicole Herrell, 20, cried and apologized to her friend in court yesterday for what she had done. That was just before Spotsylvania Circuit Court Judge David H. Beck told her she would be spending time behind bars. Herrell pleaded guilty earlier this year to abduction and not rendering aid to a child for taking the child last September. The sentencing guidelines in her case called only for probation and no active time in prison. Beck, though, told her this was a case in which deviation from the guidelines was necessary. "The guidelines are not appropriate in this case and do not meet the needs of sentencing," he said. Beck sentenced her to five years in prison with four years suspended for the abduction and 12 months in jail with all suspended for the misdemeanor. Herrell's attorney, Mark Murphy, argued that his client should receive only probation because she had no prior criminal record, was young and faced mental health issues. Herrell's psychologist, Ronald Schmal, told Beck that Herrell suffered from depression and possible dissociation, in which she would have episodes of doing things without realizing what she had done. "It means she's not totally there," he said. He added that in his sessions with Herrell since the abduction, she indicated that she didn't remember taking the 2-month-old boy and didn't realize she had the baby until her mom called to tell her police were looking for her. Herrell's friend, the mother of the boy, told Beck that she has been forever changed by the incident. She said she couldn't get over the incident. "I don't think anyone could," she said. The baby was taken from the woman during a visit from Herrell, a friend from high school. The woman told Beck that Herrell was at her house visiting and she took a nap, letting Herrell watch the child while she slept. When she woke up, Herrell and the baby were gone and could not be reached. "I was scared. I was hurt. Someone you trusted with your child takes your baby," she said. Prosecutor Tom Shaia argued that Beck should sentence Herrell to time in jail for the lifelong sense of panic she's instilled in her former friend. "For the court not to punish her would just be wrong. She stole a life," he said, comparing it with people who get years in prison for stealing property. Beck agreed and sent Herrell, who has been out on bond throughout the court process, to prison. Ellen Biltz: 540/374-5424
Even if you are out of your mind, you still cause damage to society. Where is the justice in letting someone not be punished because they are a bit batty? More to the point, this girl forgets she does things and gets all crazy, and her parents, friends and the state let her drive? I call defensive BS. If their claims of her problems are true, she should be stripped of her license, and put into a group home. do you really think we should allow people who kidnap kitds without knowing it to run free? OMG!!!!
Kidnapping gets you a year. Getting caught selling pot gets you 5 years. That's reasonable. Oh, that's right, she said she was sorry...
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