A circuit judge sentenced a Fayetteville woman to 40 years in prison for killing her boyfriend’s toddler son.
Amber Marie Drain, 24, pleaded guilty Thursday to first-degree murder in connection with the July 18, 2010, death of 2-year-old Dominick Doss. Initially charged with capital murder, she faced life in prison without parole if she was convicted at trial.
Prosecutors waived the death penalty last year.
“I don’t think anyone in this courtroom can answer the questions ‘How did this happen?’ or ‘Why did this happen?’,” said Circuit Judge Mark Lindsay after accepting Drain’s plea agreement. “Hopefully there will come a time when the family can forgive you for what you’ve done.”
In a letter Drain’s attorney read in court Thursday, Drain blamed her actions on being “emotionally unstable.” Court filings indicated Drain planned to pursue a mental disease or defect defense if the case had gone to trial.
“I acknowledge my responsibility in this tragedy and I am very sorry,” Tony Pirani, Drain’s public defender, read from Drain’s letter.
Drain admitted Thursday she slapped Dominick twice, picked him up by the ankles and swung the boy, striking his head against a bedroom floor, because he wouldn't stop crying.
The child lost consciousness and Drain put the boy back in his bed. She then went to sleep for several hours, leaving him unattended.
When she awoke, she sent Dominick’s 6-year-old sister into his room to wake him up. The sister found him unresponsive and police were called to the south Fayetteville apartment.
Dominick’s parents, Brandon Doss and Amy Grub, weren’t at home when police and paramedics arrived. Dominick was taken to a local hospital, where he was pronounced dead.
A state medical examiner's report said Dominick suffered two skull fractures and a swollen brain.
“The impact of the loss of our son is something we will never get over,” Grub said, reading from a statement she prepared for the hearing. “I will never get to see him grow up from a beautiful child to a young man.”
Grub said her daughter still wakes up screaming because of what she experienced when Dominick died.
Drain was pregnant at the time of Dominick’s death. She gave birth to a son in December.
Charles Duell, assistant prosecutor, said the 40-year prison sentence was a good deal from the state’s perspective.
“(Dominick) required only love and attention,” Duell said. “Drain capitalized on all of his vulnerabilities: He was small, he could not fight back, he could not cry out, he could not tell, he was isolated, there were no witnesses and no weapon was required.”