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Accused crack smoking mom gets 3 years probation after 2nd child dies in her care

Wanda Pena

MILWAUKEE -- A Milwaukee mother accused of getting high on crack cocaine and marijuana, and falling asleep alongside her 3-month-old baby on a couch -- suffocating the child -- was sentenced on Thursday, Dec. 13 to three years probation and seven months at a day treatment center.

Wanda Pena avoided serious prison time, as prosecutors agreed to a plea deal.

On Feb. 7, investigators say Pena got high and fell asleep next to her baby. When she woke up, the baby was dead -- found between Pena's legs and the couch.

Janeiris Jones

This is the second child that has died in Pena's woman's care. In 2015, FOX6 News told viewers about a boy who died when a television fell on top of him. That death was ruled an accident.

Wanda Pena

Some family members at Thursday's sentencing say they're not happy with the outcome.

"Justice was not done and I am very un-pleased," said Lavealea Ball Johnson, victim's grandmother.

Others say Pena's been getting the help she needs.

"Nobody can punish her more than her because she lost a child in this case," said Pena's attorney.

Pena's attorney says her childhood upbringing is a factor in who Pena is today, explaining she was given drugs as a child, beaten and abused.

"My past hurts me every day. I am very sorry," said Pena.

Prosecutors say Pena needs to be held accountable.

"She made the decision to use those drugs in the presence of her two children," said the prosecutor.

Home where Janeiris Jones died

The Milwaukee County Medical Examiner says the cause and manner of the child's death is undetermined. The ME also says no trauma was found and toxicology was negative.

Wanda Pena