http://www.bakersfield.com/news/wom...cle_7293f740-fc95-11e7-95ab-6f08694edefc.htmlA Bakersfield woman who fell asleep after leaving two young boys in a bathtub — including one who died after being found unresponsive in the water — was sentenced Thursday.
The children were the young sons of her boyfriend's cousin.
Celena Martinez, 40, received a one-year jail term, most of which she's already served, according to court records. As part of her plea agreement, she also has to spend a year in a drug rehabilitation facility and complete a year of parenting classes.
Martinez told investigators she and her boyfriend had smoked meth a couple days before she left the children in the tub. She said they weren't under the influence at the time, but were sleeping frequently due to the recent usage.
Prosecutor Christopher Puck said if Martinez misses one meeting, is found with drugs in her system or otherwise violates the terms of her probation she will be sentenced to eight years in prison.
Martinez never agreed to watch the children, Puck said. Nevertheless, from a legal perspective she took responsibility for them when she put them in the tub.
On the one hand, Martinez expressed remorse for what she did and admitted poor judgment, the prosecutor said. But Puck and his supervisor at the District Attorney's office didn't believe she should walk away without any repercussions considering her actions led to the death of an 11-month-old boy.
"This seemed like the best alternative," Puck said of the plea agreement. "It gives this woman whose life has been on a downward spiral for a while to, as the mother said, 'use this tragedy to save her life.'"
He said the case represented a "really tough situation," but he believes this was the best outcome that could be hoped for under the circumstances.
Police were called Aug. 14 to the Motel 6, where the children and their mother had been staying. Martinez's boyfriend had been asked to watch the children at the motel that day.
The boyfriend was sleeping when Martinez noticed one of the children had soiled his diaper. She placed both children in the bathtub, washed them and left them there while she went to the bedroom, according to court documents.
Her boyfriend asked her to lie down, the documents said. She did, and she told police the next thing she knew she was awakened by screaming in the room.
A family friend had arrived and found one of the children, 11-month-old Abel Omar Godinez, unresponsive in the tub.
He was taken to Mercy Hospital, where he was pronounced dead the following evening.
Martinez's boyfriend was not charged.
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