BEATRICE – A 28-year-old Beatrice woman will serve a lengthy probation term on convictions involving the death of her four-month-old child and in a separate case, the alleged sexual assault of 15-year-old child of hers.


Ashlen Zitel was sentenced by Gage County District Judge Rick Schreiner to serve a 24-month probation term for misdemeanor negligent child abuse, and a 48-month probation sentence on a felony charge of intentional child abuse. The terms will be served consecutively.


The death of the child, last summer, occurred while Zitel was at work, having left the child in the care of another man. Austen Meyn faces charges in the death of child, who suffered injuries...and in the alleged assault of a 15-year-old.


Chief Deputy Gage County Attorney Amanda Spracklen-Hogan had sought a prison term of three years with 18 months post-release supervision on the felony conviction, and one year in prison on the misdemeanor incident…citing a victim impact statement from the childrens’ natural father.


"The PSI also clearly indicates she has minimized her own involvement and failed to acknowledge that her actions have impacted others. While I anticipate the Ms. Zitel will argue that her actions were motivated because she was a victim of domestic abuse and manipulation. because she has a history of putting the happiness and appeasement of violent males before the interests and safety of the vulnerable children, who she has the responsibility to protect and care for. So, we cannot allow her to hide behind a victim status, and a victim mentality, when she has created multiple victims due to her own decisions, and actions."


Spracklen-Hogan said neglecting an infant to the point of death is a reckless or willful disregard for the child….and a profound failure resulting in loss of life. She also said committing child abuse in the form of sexual assault is a violent offense.


Gage County Public Defender Lee Timan asked for probation for Zitel, based on the charges she ultimately was convicted of….adding she too, faces the pain of the loss of a child.


"She is well aware that choices that she made led to harm being suffered in both these cases. But in regards to CR 24-135...what she has been convicted of and even what the state recognizes her actions to be is negligence....not intentional acts. Did she make a poor choice in trusting another individual to care for her child? Yes, I think she recognizes that. Did she necessarily know the full extent of that at the time? No."


Timan said Zitel has aided the state in prosecution of others. Judge Schreiner said the case generated a great deal of emotion from all involved and those who read or heard about the death of the child. He said the case reminded him of a similar one he investigated 30 years ago as a law officer. But he said facts, not emotion, dictate the sentencing he determines.


"My job is to apply the law to the facts....and to sentence individuals for the crimes for which they have been convicted."


Schreiner said Zitel was irresponsible, at the very least. The judge made clear Zitel will be monitored closely on probation, and that any violation of terms will be taken seriously.


"Ms Zitel, I put you on probation for six years...which gives me an opportunity to later down the road, if you choose to continue to act the way you're acting, to send you to prison if the State of Nebraska proves up that you have violated your probation...and I will not hesitate to do so. Am I clear? (Zitel)..."Yes, sir."(Schreiner)..."You have six years of hard work ahead of you to make some serious changes. If you don't, I will assist you with the help of the State of Nebraska."


Zitel will be required to register as a convicted sex offender for a 25-year-period and the probation terms include jail sentences at intervals, that can be waived if she’s complying with her probation.


Meanwhile, Austen Meyn, charged with the death of the four-month-old child and with a separate sexual assault of the 15-year-old, appeared briefly in court, where the judge granted defense motions to take depositions and to subpoena medical records involving the death of the child. Further pretrial is set in one of the cases, for May 6th.