Foster Mother Gets 6-Year Sentence In Boy's Death

Court

First Posted: 10/21/11 08:14 PM ET Updated: 12/21/11 05:12 AM ET


An Edmonton foster mother convicted of manslaughter in the death of a three-year-old boy in her care has been sentenced to six years in prison.


Lily Choy, 37, was found guilty by an Edmonton Court of Queen's Bench judge last month.


Choy had been sentenced to three years after she was found guilty of the same charge in 2008, a decision that was later overturned on appeal.


In announcing her sentence Friday, Justice Donna Reed ruled the penalty imposed by the first trial judge was "unfit" because she believed Choy's actions were "much higher on the blame scale."


The boy, who cannot be named under Alberta's Child, Youth and Family Enhancement Act, died of massive head trauma in January 2007 in Choy's Edmonton home.


The judge found that Choy abused the boy for a number of days leading up to the final assault that led to his death. The treatment was "callous and cruel," she said.


Choy spanked the child so hard it left bruises and left him in an unheated garage overnight wearing only a diaper. She finally lost control and used severe force to cause his fatal brain injury.


Crown reviewing sentence decision


The length of the sentence angered the boy's family.


"Six years is not fair," his aunt said. "She took this boy's life, my nephew's life, and the judge even said that she was guilty. The way I see it is that you take a life, you deserve life."


Crown prosecutor Allison Downey-Damato said the foster care system can't be blamed for what happened to the boy.


"It's very easy to levy blame at the foster care system and how it handled this case but the bottom line is this woman chose to do this to this child, and chose these actions and chose to have three more children placed in her care," Downey-Damato said.


"This was not something that was foisted upon her."


Choy's lawyer, Mona Duckett, asked the judge to impose a three-year sentence.


Downey-Damato asked for a sentence in the range of at least eight to 10 years. She backed away from her original recommendation of 12 to 16 years after considering appeal court decisions.


Downey-Damato told reporters outside the courthouse that the Crown may consider an appeal since the sentence was shorter than what was requested.


A jury convicted Choy of manslaughter in November 2008. Last year, the Alberta Court of Appeal overturned the conviction and ordered a new trial.


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An Edmonton foster mother convicted of manslaughter in the death of a three-year-old boy in her care has been sentenced to six years in prison. Lily Choy, 37, was found guilty...
An Edmonton foster mother convicted of manslaughter in the death of a three-year-old boy in her care has been sentenced to six years in prison. Lily Choy, 37, was found guilty...
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HUFFPOST SUPER USER
DianaLynn1967
It's a great life if you don't weaken!
12:14 AM on 11/05/2011
"Crown prosecutor Allison Downey-Damato said the foster care system can't be blamed for what happened to the boy.
"'It's very easy to levy blame at the foster care system and how it handled this case but the bottom line is this woman chose to do this to this child, and chose these actions and chose to have three more children placed in her care,' Downey-Damato said.
"'This was not something that was foisted upon her.'"

True, it was not foisted on the foster mother. It was, however, foisted on the child, much to his detriment.
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nanaofmysky
Adopt from a rescue or shelter.
07:31 PM on 10/22/2011
This seems to be the norm. Place an innocent child in foster care where they are no better off than where they were in the first place. It gets me so mad. She already had one conviction, does not matter that it was overturned.This was a 3yr. old. What could he have done that was so bad. Poor child and family. But to get ONLY 6yrs. Come on.............not long enough. She should get life.And to have additional children on top of that.
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spunkyphd
Grok Karma
03:36 PM on 10/22/2011
Did I understand this article correctly? This was the second time something like this happened? What happened after the first time that she was allowed to live free and clearly never did jail time for the abuse of the child hurt or killed the first time. Then she is allowed 3 more children? Is this a misprint, someone please tell me I misunderstood the article. 3 years for the cruel and horrendous death of a child who did nothing beyond be a wounded child in a broken system.
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pomonaaj
What is someone who can think left and right? A In
12:43 PM on 10/22/2011
Foster care companies need to be investigated. It is their jo to make sure that these children are being placed in loving homes. Why was there no follow up to check on the boy. Not all but quite a few foster care companies only see profit. For every child they recieve money. The more children they place the more money they make. Do not mess with CPS either, they will look at you family with a microscope and find the smallest thing to take your kids away. Here is a link to some of the shady dealings of CPS and Foster care.

http://www.cracked.com/article_18884_the-7-most-horrifying-cost-cutting-measures-all-time.html
12:06 PM on 10/22/2011
I am a foster parent-I found out that qualifications for foster parents differ from one county to another-however-this woman should have never been allowed another foster child-in my county here in california if you have anything more than a traffic ticket attached to your name you do not qualify..
12:00 PM on 10/22/2011
this woman deserves life, how could anyone treat a 3 year old that way. crazy b**** , if that was my child or relative I would be outraged and waiting for her when she gets out. revenge may be the best way to deal with her outside of the legal system
11:48 AM on 10/22/2011
I say send her to trial over here, in Texas!

God bless that little boy.
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HUFFPOST SUPER USER
Susan Schmidt Baker
11:12 AM on 10/22/2011
Canada obviously does very thorough background checks on foster parents! NOT!
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HUFFPOST SUPER USER
Louie Rey
10:36 AM on 10/22/2011
Well, it's good to see that it's not only America that has completely idiotic government officials. She was convicted of essentially the exact same thing in 2008 and she was still allowed to foster chidlren? Are you kidding me? Regardless of the fact that the conviction was overturned, a person in that position should have been eliminated from being a foster parent for life. And now an innocent child is dead? Of head trauma? Whoever was in a position to eliminate her from fostering children and didn't also has blood on his or her hands.
10:19 AM on 10/22/2011
Bring back the guillotine and the gallows - your choice. Then , noon in town square, young and old alike expected to witness. Shocking it would be and most likely a strong deterrent to nearly all. It would certaintly be justice while saving the taxpayers, maybe let reality TV do some filming to pay for it all !!
10:08 AM on 10/22/2011
That's it? That's all this child's life was worth? 6 lousy years? That's disgusting! This was nothing but downright murder. Anyone with half a brain KNOWS what can be the outcome when you do activity like this. This makes the US courts look wonderful.
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hman570
08:08 AM on 10/22/2011
So sad to read about another child being abused and murdered? This woman got 6 years for taking a life when she should get the needle. What a world we live in today.
09:19 AM on 10/22/2011
Correct! There is no deterrent for crime,anymore. Do whatever you please and you'll get a light sentence with probable parole cutting THAT to half! Sad to note - you'd get more time for robbing a bank (without harming anyone), than taking a life! Shows where the worlds priorities are!
rlpl02
Motivational Bull****er
07:56 AM on 10/22/2011
This makes you appreciate the American system, or it should. We would have given her 10 - 15, unless of course we aquitted. In France they may give a serial killer life, but they parole them in 20 - 30 years.
03:54 AM on 10/22/2011
I'm not offering an opinion on the sentence (I have quite a strong opinion about the woman who committed this horrible crime), but I'm wondering where the aunt gets off criticizing the court's decision. Why wasn't she caring for her nephew? There is obviously a reason that she was determined unfit (because generally family is the first choice when placing children in a different home), so I think she might want to take a look in the mirror before pointing fingers and blame about who "let" this happen to her nephew.
04:53 AM on 10/22/2011
I TOTALLY AGREE with you !!!
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lizsandyotto
06:13 PM on 10/22/2011
Ditto.
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HUFFPOST SUPER USER
floodberg
Attorney (ret.)
07:50 AM on 10/22/2011
Seconded.  When possible, children are placed with family; it could well be there was something legal that prevented placing the child in the aunt's household.
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bmitche
02:15 AM on 10/22/2011
We live in an age where a child born today seems destined for abuse.
08:28 AM on 10/22/2011
very well said & very true. It seems kids dont stand a chance these days.