Pregnant migrant daycare worker who left child to die in hot van evades prison time after begging judge to take her baby into account

A pregnant migrant daycare worker who left child to die in a hot van has evaded prison time after a judge ordered her release.

Karen Silva, a Mexican national, will not the see inside of a prison cell after Judge Gloria Rincones granted her ‘shock probation’ on Thursday for the death of Logan Urbina.

Urbina who was trapped in a daycare van last driven by Silva for five hours during 96F heat in June.

Shock probation is a sentence where a criminal spends a small amount of time incarcerated to ‘shock’ them before serving the rest of their sentence on probation.

Silva, 36, took the stand on Thursday to beg the judge for leniency as she was nearly to full term and had been hospitalized several times throughout her high-risk pregnancy.

The migrant told the judge she was thinking of her child, who is due to be born in less than a month, when asking for probation, KRGV reported. A nurse and midwife also testified that her pregnancy was considered high-risk.

Silva had been in jail since her arrest prior to Thursday. She was sentenced to five years in prison in November after pleading guilty to injury to a child with reckless serious bodily injury and mental impairment for the death of Urbina.

However Judge Gloria Rincones reversed the decision, offering her shock probation rather than prison time.

Karen Silva, a Mexican national, will not the see inside of a prison cell after Judge Gloria Rincones granted her shock probation on Thursday. The migrant told the judge she was thinking of her child, who is due to be born in less than a month, when asking for probation

Logan Urbina died on June 27 after being trapped in a daycare van for five hours after returning from a field trip. Silva had been driving the van

In addition to probation, the Judge [NAME] ordered Silva to pay a $5,000 fine within a decade and was told she could not come back to the US illegally

In addition to probation, she was ordered to pay a $5,000 fine within a decade and was told she could not come back to the US illegally.

If she were to return to legally, she has to report to the Cameron County Adult Probation Office within 24 hours, KRGV said.

The pregnant woman will also be deported to Mexico soon, her lawyer said, according to KRGV.

Urbina’s mother, Monique Garcia, was frustrated by the decision.

‘Five years and then nothing. So what was the point of the last hearing?’ she said, according to KRGV. ‘I’m feeling enraged. I’m feeling that the system failed me.

‘I hope that she takes Logan into her mind forever, she failed.She did not just fail me, she failed everyone.’

Cameron County District Attorney, Luis V. Saenz, was just as mad, questioning what kind of punishment it really was.

‘She’s going to be walking free, if not today, tomorrow, and going home to her family. What punishment is that? I disagree with the judge’s decision.’

Silva was working at The Learning Club at the time of the incident

Sendy Ruiz, 38, another daycare worker charged in the case, is expected to go back to court in late January. She has pleaded not guilty

However, Silva’s attorney, Ed Stapleton, said her unborn child shouldn’t be punished.

Urbina died on June 27 after being trapped in a daycare van after returning from a field trip.

Silva had been driving the van, owned by The Learning Club Pre School in Brownsville, Texas.

Internal vehicle temperatures reached 120 degrees Fahrenheit that day.

Police were called to the daycare at around 4:56pm where Urbina was discovered unresponsive and pronounced dead at the scene, Valley Central said.

Justice of the Peace Mary Esther Sorola told KRGV that staff had returned from a field trip at about 11:30am and left the boy in the vehicle.

Temperatures in Brownsville reached around 96 degrees Fahrenheit that afternoon, and the National Highway Traffic Safety Administration warned that the interior of a parked vehicle can soar well above above 100 degrees within minutes.

Sendy Ruiz, 38, another daycare worker charged in the case, is expected to go back to court in late January. She has pleaded not guilty.