Abigail Lobisch would have turned 6 on July 16 had she not died at 7 months of age from an overdose of the antihistamine found in Benadryl.
Her babysitter, Dixie Denise Villa, a Navy wife who allegedly ran an unlicensed day care out of her Aliamanu Military Reservation home, will stand trial this week on the criminal charge of manslaughter in the February 2019 death of baby Abigail, with jury selection beginning today.
The jury trial before
Judge Fa‘auuga To‘oto‘o will have a national audience, as CourtTV will cover it along with local media. Opening statements could commence as soon as Wednesday.
The trial has been delayed numerous times over the years. In January 2020, Villa’s court-appointed lawyer, Megan Kau, said she was unable to find an expert witness locally and asked for a continuance. Villa waived the right to a speedy trial. The state also said it needed more time.
Kau also asked that the trial be postponed in March regarding a new expert
witness.
Villa was arrested July 20, 2019. Then 40, she was charged July 21, 2019, with manslaughter after police received the autopsy report, which showed the 7-month-old had 2,400 ng/ml of diphenhydramine (Benadryl) in her blood, court documents said.
“The average blood diphenhydramine concentrations in fatal overdoses were 1400 ng/mL in infants,” court documents said.
In the autopsy report, a doctor said children under
6 years old should not be given diphenhydramine without consulting a physician. “Per the over-the-counter
label, when used for self-medication, diphenhydramine should not be used in children younger than 6 years to make a child sleep or with any other diphenhydramine-containing products (including topical products).”
On the morning of Feb. 23, Abigail’s mother, Anna
Lobisch, left the baby and her 2-year-old son in Villa’s care at Villa’s hotel room at Aulani, a Disney Resort &Spa in Ko Olina.
Villa’s own two children and the Lobisch children spent the day at the pool, court documents said.
Anna Lobisch told police she received text updates with photos of her daughter throughout the day from Villa.
Villa left the hotel at about 5:30 p.m. and returned to her home at 4675 Ke St.
Villa told police she applied lotion from Bath &Body Works to the children because they were sunburned, and took them to a bedroom at about 10 p.m. to sleep.
The next morning, Villa noticed Abigail’s skin looked “splotchy” and “cold to the touch,” court documents said. She called 911 and performed CPR.
Anna Lobisch said she texted Villa at 8:08 a.m. to confirm the time she would pick up the children. Villa responded, “come now,” according to police.
Kalei Vierra, a family friend of the Lobisches, alleged in July 2019 on a video posted to a “JusticeforAbi” Facebook page that the babysitter’s military husband had been issued “cease and desist” citations for her running an unlicensed day care out of their Aliamanu Military Reservation home.
She also said a neighbor had filed complaints with authorities against the sitter, alleging she neglected the children.
If convicted of manslaughter, Villa faces 20 years in prison for the Class A felony.
Due to the victim’s young age, Villa could have faced a term of life with parole, but the grand jury declined to find her eligible for the
longer sentence.
Her bail had been set for $1 million. But after the grand jury’s decision, Judge Shirley Kawamura reduced her bail Aug. 1 to $500,000, but Villa still could not make bail.
To‘oto‘o reduced Villa’s bail amount to $200,000 on Nov. 6, 2019, because she had a fairly clean record, and she was released Nov. 7, 2019, after posting a $200,000 bail bond.
While out on bail bond, Villa was arrested for allegedly stealing goods or merchandise valued at more than $250 on June 30 from The Navy Exchange.
She was released July 1 after posting $200 cash bail. She was charged July 26 with third-degree theft.
A Honolulu District Court judge ordered Villa to appear Nov. 22 for a pretrial conference.
In May 2019, three months after Abigail’s death, Villa’s husband, Aaron Villa, filed for divorce.
