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Babysitter Gets 180 Days After Child Found Dead In Koi Pond

MARYSVILLE (CBS13) — An Olivehurst babysitter was sentenced to 180 days in county jail in the death of an infant nearly 2 years after he was found unresponsive in a koi pond.

"He was a beautiful child. He was always smiling," said his grandmother Geena Day.

At only 10 months old, Steven Ryker Gerrtt Smith's life was cut short in a tragic accident Day believes should have been avoided.

"There was a door that was left open and he somehow got outside into the pond," she said.

The judge said the babysitter, Eva London, was negligent and fell asleep.

"Very avoidable accident. It was a series of bad choices that were made, and had one of those choices not been made along the way, we would still have Steven here with us today," Day said.

For the family of the 10-month-old, they say no sentence will be long enough but hope this will bring them closure.

"For my daughter Marissa, it's been really hard on her, this whole ordeal. Now that we know the outcome of this court case we can kind of put the period on this sentence and go on," Day said.

Steven would be 3 years old this October.

"His laughter was so contagious honestly. I can still close my eyes and hear it. He was a beautiful child. We've done a lot of things to remember him and create positivity in his memory," Day added.

London will be on probation for five years.

If she violates that, she will be sentenced to 12 years in state prison.

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