SAN DIEGO — Ashley Zuniga admits she's responsible for the death of her infant, Jasmine Hunsicker. Today she was sentenced, but not to prison. Instead, Judge Cindy Davis is allowing her to participate in a strict mental health program.
The dead child’s grandmother is furious. Jasmine, who is buried at Miramar National Cemetery, wasn't even 3 months old. “I feel this was murder,” Teri Hunsicker-Lawson said outside the courtroom. “Absolutely premeditated murder.”
Teri spoke today at Ashley's sentencing. The judge denied a request from CBS 8 for a camera in the courtroom, but Teri made it clear that she wanted Ashley sent to prison. “It will make me feel like she's gotten a taste of what she took from my granddaughter.. her entire freedom.”
Jasmine's parents grew up in San Diego but were living in Florida. Last summer, Ashley left her husband David and, without telling him, took the baby to California. Teri believes from that day until Jasmine's death 2 weeks later, her granddaughter was severely neglected. “That baby had no body fat,” Teri said. “When I held her at the mortuary, at the viewing, she was so light. She was so light that the dress we got her was too big and it was the smallest sized christening gown that had at the store.”
Jasmine eventually became unresponsive. Ashley took her, with no heartbeat, to UC San Diego Medical Center's Emergency room where she was pronounced dead.
Despite Teri's pleas for prison, Ashley was sentenced to a strict mental health program. “It hurts too much and it's not fair,” Teri said with tears her eyes after the hearing.
Judge Davis’ decision also went against the recommendation of the district attorney's office. They sent us a statement heading into the hearing saying, "The District Attorney's office believes that it would be a gross miscarriage of justice for the court to grant the defendant formal probation and admission to Behavioral Health Court for the gruesome crime of starving a baby to death."
If Ashley successfully completes the program, she could be free in just 18 months. “I don't see any justice for my granddaughter in this,” Teri said. She hopes to put a silver lining on this tragedy by getting legislation passed that gives a parent the power to request a welfare check from a doctor when their child has been taken by the other parent. She hopes that will prevent other families from feeling her pain.
WATCH: Grandmother demands autopsy in death of 3-month-old baby Jasmine