Marcella Dubray admits she left her six-month old daughter and twenty-one month old son home alone in this apartment in January. When she returned home from court, Dubray's daughter was no longer breathing.
"The contributing case being a very serious case involving the death of a six-month old baby," said James Iosty, the Deputy State's Attorney prosecuting the case.
Dubray pled guilty to the crime. But since then, the judge stepped down and Dubray's case was reassigned to another judge who was handling her felony charge.
"We thought it might be appropriate to have all three cases sentenced by one judge," Iosty said.
But this afternoon when Judge Lieberman heard of the gravity of Dubray's charges, he asked for more time to review the details of her long criminal record before making a decision.
"The court services department will enlarge the pre sentencing investigation that was done on the felony grand theft charge, and include within it the two misdemeanor charges," he said.
Another sentencing date should be scheduled within a month.
Seven months after a Sioux Falls mother left her baby girl alone in an apartment, Marcella Dubray arrived in a Minnehaha County courtroom for sentencing. Twenty-seven-year-old Marcella Dubray was supposed to be sentenced for three crimes today: Felony grand theft and petty theft charges. But, when Dubray arrived in the courtroom, the judge was caught off guard.