The woman responsible for the death of a toddler who was in her care will serve less than one year behind bars.

Dana Shell, 44, of Warsaw, was initially charged with neglect of a dependent resulting in death, a class A felony; and reckless homicide, a class C felony. In a plea deal, the A felony charge was dropped.

On Aug. 6, Payton Brettell, who just 18 months old, died of accidental positional asphyxia or accidental strangulation. Police determined the toddler was strapped in a car seat that was placed in a bedroom of Shell’s home at 907 S. Union St., Warsaw.

During her sentencing this morning, Kosciusko County Prosecutor Dan Hampton said, “Your honor, this is a tragic case on so many levels … but the fact remains that the loss of life happened. Probably the most important act was that she had not been truthful to investigators.”

Hampton recalled how Shell admitted to buckling Payton into a car seat in a bedroom, but failed to latch a strap that would have prevented the child from sliding down and strangling on the chest buckle. He also said she admitted to finding the child unresponsive, but instead of rendering help, left the room and returned to the other children in care as if nothing happened.

Defense attorney Mike Miner said, “It’s clear from all sources that this would be the last thing Dana would want to happen (to a child) and certainly it was not an intentional act to kill a child. It was a tragic mistake on her part.”

For her part, Shell told the court, “I’m so sorry, I would never hurt anyone intentionally and I loved that baby and his family still. I know it doesn’t mean anything right now but I’m so sorry.”

Kosciusko County Superior Court I Judge Duane Huffer told Shell, “A child was entrusted to your care. People who entrust their children expect them to guard and protect them and maybe even sacrifice their own lives to protect them. This child was not protected by you. A baby is gone because of your negligence.”

Shell was sentenced to 8 years in the Indiana Department of Corrections, but 6 years were suspended to be served on probation. With credit of 2 days served, good time credit and the possibility of her earning her GED in prison, Shell could spend just 6 months in prison.

She was also ordered to pay Payton’s family $9,468 in restitution and get court-ordered counseling.