SAN ANTONIO – A mother who pleaded guilty in the death of her 5-year-old son was sentenced to 15 years in prison on Tuesday afternoon.
The prison sentence for Nickolle Aguilar was the maximum punishment allowed per a plea deal for the charge of injury to a child-serious bodily injury by omission.
In addition to the sentence, Aguilar is not allowed to have contact with her then-boyfriend Daniel Garcia, who is convicted in the death of Aguilar’s son, Domenic Aguilar-Acevedo.
Garcia was found guilty in May of injury to a child and is awaiting sentencing, which is scheduled for Aug. 14. Aguilar is expected to testify in Garcia’s hearing.
“You have earned every single day of the 15 years that you have plea bargained for,” District Judge Velia Meza told Garcia during the sentencing.
Aguilar was emotional upon learning her fate.
Aguilar’s lawyer requested that she get a12-year sentence since she had testified truthfully in the past and wanted to be reasonable to assist the system.
In June, Aguilar had her plea withdrawn and sentencing halted because of her status as a U.S. resident. Aguilar claimed to be a citizen during her plea hearing and pre-sentence investigation interview, but she is a green-card holder.
Before sentencing Aguilar, the court brought in an immigration lawyer as a witness, to discuss the interview on Aguilar’s confusion of stating she was a U.S. citizen and what the consequences would be.
Meza asked Aguilar if she understood it is possible she will be placed in removal proceedings by the Department of Homeland Security, in which the defendant agreed she did.