Today (Nov 18) Kristen DePASQUALE entered a plea of No Contest to Aggravated Child Abuse with Great Bodily Harm (F1) in the death of her daughter Mia Rice (1) on November 10, 2016, at the family home in Oviedo, FL. DePASQUALE then was sentenced by Judge Tesha Ballou to time served and 10 years of supervised probation, drug testing, and three thousand dollars for costs of the investigation. The State agreed to dismiss the first degree murder charge.

Oviedo police responded to DePASQUALE's home and found the 1-year-old  Mia tangled in Halloween lights. Her mother told officers it was caused by her then-2-year-old son while DePASQUALE was in the shower. Evidence at the scene disputed DePASQUALE's claim and she later admitted to having lied to police. However, while the finding of the now retired Volusia County Medical Examiner determined Mia's death to be a homicide and could not have been caused by a 2-year old, concerns raised by the defense lead prosecutors to seek a review of that finding. Brevard County Medical Examiner Dr. Qaiser performed the review and determined that Mia's death could also have been accidental. As a result, the State gave notice of that finding to the Court, and DePASQUALE was released on bond May 23rd, 2018, after serving approximately 18 months in jail.

Prosecutors work hard on behalf of victims and always proceed on a good faith belief there is sufficient evidence to prevail at trial with the charged offenses. When evidence or witness testimony no longer supports that belief, prosecutors are legally and ethically obligated to consider alternative resolutions. After consulting with our law enforcement partners, prosecutors entered into negotiations with attorneys representing DePASQUALE, resulting in today's agreement.

DePASQUALE will undergo regular drug testing and comply with any DCF supervision as part of her sentence. Additionally she may be re-sentenced to the balance of the maximum sentence of 30 years for this offense, if she is found to have committed a willful violation of her probation.

Todd Brown
Public Information & Communications

(321) 617-7310
Office of the State Attorney 18th Judicial Circuit
2725 Judge Fran Jamieson Way Building D
Viera, Fl. 32940