An Oahu jury has convicted Dixie Denise Villa, 46, of manslaughter in the death of seven-month-old Abigail Lobisch, who died on February 24 after receiving a fatal dose of diphenhydramine, an antihistamine found in Benadryl. Villa, a Navy wife who ran an illegal childcare business from her home on the Aliamanu Military Reserve, now faces up to 20 years in prison.
The jury determined that Villa administered the lethal dose to Abigail, a decision prosecutors argued stemmed from Villa’s inability to cope with caring for several young children simultaneously. Prosecutors alleged that Villa used Benadryl to sedate the infant and pacified the other children, all under five years old, with iPads.
Defense Claims Mother and Others Could Be Responsible
Villa’s defense team attempted to shift blame during the trial, suggesting that Abigail’s parents or other individuals might have given the drug to the baby. Attorney Megan Kau, representing Villa, proposed a theory that the baby’s mother, Anna Lobisch, could have unknowingly transmitted fatal levels of the drug to her daughter through breast milk after taking Tylenol PM.
The defense also implicated Villa’s two older daughters and a family friend as potential sources of the drug. However, prosecutors countered by noting that Villa was alone with Abigail and three other children the night before the infant was discovered unresponsive.
Defense Alleges Misconduct and Seeks Mistrial
Following the conviction, Villa’s legal team announced plans to file for a mistrial, citing alleged misconduct and new evidence. Kau argued that the prosecution introduced new evidence during jury deliberations, revealing that Anna Lobisch had co-slept with her baby—information that was not disclosed earlier in the trial.
Although co-sleeping was not listed as the cause of Abigail’s death, Kau maintained that the prosecution’s late disclosure compromised the fairness of the trial. She also accused the prosecution of withholding information about the mother’s mental health, which, according to the defense, could have influenced the case.
“We’re going to ask the court to determine that this was a mistrial, to set aside the guilty verdict, and set a new trial,” Kau told Island News. She emphasized that Anna’s alleged false testimony regarding co-sleeping “greatly affects the trial.”
Prosecutor Tiffany Kaeo defended her actions, stating that she had complied with all legal responsibilities after receiving the new information. She stood by the jury’s decision, expressing hope that the verdict would bring closure to those affected by the tragedy.
Parents Sue for Negligence
In addition to the criminal trial, Abigail’s parents have filed a civil lawsuit against 10 defendants, including the United States government. The lawsuit alleges negligence and claims that Villa’s unlicensed childcare operation contributed to Abigail’s death.
According to the suit, neighbors had previously reported instances of neglect at Villa’s daycare, prompting military police to shut it down multiple times. However, Anna Lobisch stated she was unaware of these allegations until after her daughter’s death.
The Defense Department has since called for a thorough investigation into unauthorized daycare operations on military bases. James Stewart, the former acting undersecretary of defense for personnel and readiness, urged officials to take immediate steps to close illegal daycare facilities, citing concerns over the safety of children.
Villa Awaits Sentencing
Villa, who had been released on bail since 2019, was taken back into custody following the guilty verdict. Her bail has been increased to $500,000, and she is scheduled for sentencing on February 26. If the conviction stands, she could face up to two decades in prison.
A Family’s Heartbreak and a Community’s Questions
The tragic death of Abigail Lobisch has sparked widespread grief and anger within the community. While prosecutors hope the conviction will provide some solace to the grieving family, lingering questions about the oversight of childcare facilities on military installations remain.
In the words of Prosecutor Kaeo, “A child is gone, and there’s no bringing her back. But we hope that this offers closure and peace to everybody who’s been affected by this case.”
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