Grandmother also gets three years probation and must pay restitution
by: Contributed photo Carolyn Bellamy

Ariana Magathan died Oct. 16, 2009, and her family buried her on Oct. 23, which would have been her second birthday.

More than a year and a half later, her grandmother Carolyn Bellamy, 60, formerly of Gresham, was sentenced to 18 months in prison with three years of post-prison supervision after being found guilty of criminally negligent homicide in Ariana's death.

Bellamy is also required to pay restitution and a compensatory fine to the family to cover funeral expenses. She'll get credit for serving 14 months leading up to and through the trial, which leaves her serving four more months in prison.

As part of Bellamy's post-prison supervision, Judge Janice Wilson recommended that Bellamy have no contact with any child or live with a child unless approved in writing by the post-prison supervision officer. Bellamy is also required to have further evaluation and counseling as indicated by her post-prison supervision officer.

'Nothing is proportional to the loss of a 23-month-old child,' Wilson said. 'Although we call the money restitution, there is nothing anyone can do to restore what's been lost there.'

Wilson convicted Bellamy July 29 of criminally negligent homicide in Ariana's death. At the sentencing Aug. 3, members of the child's family addressed Bellamy.

'My photo book, this is all I have of her, and you have almost two years of memories,' Ariana's paternal grandmother, Laurie Sochia, said as she held up her photo album to show Bellamy. 'I will never have any firsts. You've taken them from me as well as from everyone else.'

Despite the verdict, the actual events of Oct. 12, 2009 - the day that Bellamy called 9-1-1 to report that Ariana had crawled off the bed and was not breathing - remain unclear.

'I hope you can live day by day knowing that you have hurt so many people by doing this violent act,' Ariana's father, Josh Magathan, said at the sentencing. 'You know what happened, and you just can't admit it.'

Wilson agreed that the facts of what happened to Ariana still need to be revealed.

'I hope that at some point you can come to terms with whatever it was you did,' Wilson said in her sentencing. 'I think that would bring peace to a lot of people.'

Bellamy's attorney, Russell Barnett, argued that Bellamy does feel guilty for the death of Ariana, despite her 'stoicism' at the trial, and members of her family maintain that she is not a violent person and would not have lost her temper with Ariana.

'I assure the court that her feelings of concern, remorse, responsibility … are there,' Barnett said.

All parties lament the child's death and say that no amount of money or jail time can bring Ariana back.

'This family has been profoundly impacted by the death of their loved one,' Deputy District Attorney John Casalino said.

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