the deaths of 6-year-old lacey carr a year ago last easter. >> prosecutors wanted prison judge ruling this was a tragedy but not murder. >> citing a long history of substance abuse, the judge called kathleen dymes an unsympathetic defendant. her daughter's death was the result of negligence, not intent. >> reporter: today's sentencing marked the end of criminal proceedings though the loss of 6-year-old lacey carr is still being felt. >> this is a woman who will never she lost her 6-year-old. she is responsible and has been admitted to being responsible for the death of her 6-year-old and she will remember that every single day. >> reporter: it was easter sunday 2015 when lacey overdosed on prescription drugs. valium and morphine. she found the lifeless body. david carr accompanied dymes to court today. the 52-year-old using a walker as she attempts to recover from the failed suicide test. they've asked for jail time, saying she's twice tested positive for marijuana. >> it was this defendant who had a moral and legal obligation to oversee the safety and welfare of her child. she failed

. >> reporter: 6-year-old lacey carr and her mother were found unresponsive in their home. benadryl, morphine, and valium was found in her system. her mother pleaded guilty to multiple charges in january, and today, prosecutors red comments from lacey's teacher and her report card from first grade. >> lacey is adding and subtracting well. she perseveres through hard problems. >> reporter: prosecutors asked for jail time saying that time showed no remorse. the judge agreed that the mother is hard to sympathize with. instinct to punish her more severely than any other mother in the same, tragic situation. >> reporter: but ultimately, the judge ruled that times with her history of drug addiction and drunk driving suppered enough and ordered 5 years of probation. >> this is a woman who will never be the same. she lost her 6-year-old. she is responsible and admitted to being responsible for the death of her 6-year-old and will remember that every day. >> reporter: the child's father who found the two unresponsive accompanied times to court. but besides heavy sighs, he remained si

. >> reporter: 6-year-old lacey carr and her mother were found unresponsive in their home. benadryl, morphine, and valium was found in her system. her mother pleaded guilty to multiple charges in january, and today, prosecutors red comments from lacey's teacher and her report card from first grade. >> lacey is adding and subtracting well. she perseveres through hard problems. >> reporter: prosecutors asked for jail time saying that time showed no remorse. the judge agreed that the mother is hard to sympathize with.