WILKES-BARRE — Recognizing there was no malice or intent to cause harm, Luzerne County President Judge Michael T. Vough sentenced James Robert Kasisky Jr. to immediate parole for the dehydration death of his 19-month-old daughter in 2022.
Vough also noticed Kasisky, 27, of Exeter, has been and continues to be “extremely remorseful” over the toddler’s death.
Kasisky was awarded 47 days of pre-sentencing credit for time served making him eligible for immediate parole on Vough’s sentence of one-to-21 months on an involuntary manslaughter charge. Kasisky pled guilty to the charge March 25.
District Attorney Samuel Sanguedolce did not advocate for incarceration, calling the incident a “tragic situation.”
Pennsylvania State Police at Shickshinny and county detectives charged Kasisky and his former partner, Valentina M. Varela Luis, 26, in March 2023, after investigating the death of Phoenix R. Kasisky inside a residence on Third Street, Newport Township, on Dec. 23, 2022.
Kasisky and Varela Luis were renovating the residence at the time.
Investigators alleged Kasisky and Varela Luis were negligent in not checking on their daughter for an estimated 26 hours and leaving her in a room described as “hot and dry” when the toddler was found deceased.
Forensic pathologist Dr. Gary Ross, who conducted the autopsy, previously testified at a prior court proceeding the toddler had all signs of dehydration, a dry nasal cavity and little to no fluid in her stomach.
A coroner’s report stated Phoenix Kasisky died of “dehydration and metabolic imbalance due to neglect.”
Kasisky’s attorney, Nicole T. Lermitte, called the toddler’s death a “tragedy,” indicating he was working 70 hours a week and suffered from sleep deprivation.
“There is absolutely no evidence the child was not being taken care of,” Lermitte said. “He has accepted responsibility, was cooperative during the investigation and is extremely remorseful.”
Prior to being sentenced, Kasisky sobbed when he read a letter indicating he should have checked on his daughter.
“I let everyone down most of all I let my little girl down. I lost a part of me, she will always be with me,” Kasisky tearfully said.
Sanguedolce said there was no malice behind the toddler’s death reminding Vough that the toddler had not been checked on by the parents for a length of time.
“Tragedy is a word used most often in this courtroom. Seeing there was no malice, no intent for this to happen. Surely, this is a tragic event that led to the death of this child,” Vough said in imposing the sentence.
Varela Luis, of Scranton, was at work at a restaurant as the toddler was in the care of Kasisky in the hours before the girl was found deceased.
Varela Luis pled no contest to two counts of reckless endangerment in exchange for the withdrawal of a felony involuntary manslaughter charge. She is scheduled to be sentenced July 11.
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