Oahu jury finds babysitter guilty of manslaughter in child’s death
An Oahu Circuit Court jury found babysitter Dixie Denise Villa guilty of manslaughter in the February 2019 death of 7-month-old Abigail Lobisch.
They received the case late Wednesday afternoon after three days of evidence and opening and closing statements, and deliberated for a full day. They returned this morning with a verdict within a half hour of the start of their deliberations.
Bail was raised to $500,000, and Villa, who had been out after posting bail bond in 2019, was immediately taken into custody.
Manslaughter has a maximum sentence of 20 years.
Villa was charged in July 2019 with manslaughter following an autopsy report that showed Lobisch, who was found dead at Villa’s Aliamanu Military Reservation home on Feb. 24, 2019, died of diphenhydramine (a antihistamine found in Benadryl) toxicity.
The jury was not told during trial that Villa, then a 40-year-old Navy wife had reportedly been running an illegal, unlicensed childcare business out of her Aliamanu Military Housing home, and neighbors had complained of neglect.
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The defense argued that Lobisch’s mother and father, Villa’s two older daughters or a friend could have given the drug to the infant.
Defense lawyer Megan Kau said the baby’s mother, Anna Lobisch, could have had the drug in her system from taking TYLENOL PM and caused the fatal levels in her daughter with her breast milk.
The state’s case showed that Villa was home alone with Abigail Lobisch, her 2-year-old brother, Villa’s own daughter and son, all under the age of 5 on the night of Feb. 23, 2019.
Deputy Prosecutor Tiffany Kaeo said she was the only one capable of administering the drug.
Kaeo said Villa was overwhelmed with having to care for all the children, and chose to pacify the children with iPads and the baby with diphenhydramine.
Kau said she will file a motion for a mistrial because the deputy prosecutor told the court this morning that new evidence had come to light that Anna Lobisch slept with her baby.
Although co-sleeping was not raised as the cause of death, Kau said that it is an issue if the prosecution withheld information and Lobisch lied during her testimony. Also Kau said the prosecution pointed out that it was irresponsible for Villa to sleep with baby Abigail next to her.