A day care provider who was found intoxicated in her minivan with two small children inside has resolved her case without jail time.
Sheila K. Michalios, 45, of Yacolt pleaded guilty to two counts of attempted reckless endangerment. As part of her plea agreement, Battle Ground Municipal Court Judge Gregory Gonzales on Feb. 9 imposed 40 hours of community service and the restriction that Michalios not provide day care for two years. She must also continue with her alcohol treatment.
Michalios will have periodic reviews with the judge. If she violates those conditions, Gonzales can impose an 85-day sentence, said defense attorney Barry Brandenburg.
Michalios was arrested Oct. 29 by Battle Ground police during the annual East Main Street Trick-or-Treat event. At 5:45 p.m. that day, a man flagged down an officer, who found Michalios asleep in her Dodge minivan in front of Central Park. When he woke her, she smelled strongly of alcohol and had open containers of beer in the car, police said.
Two children, a boy, 2, and his sister, 16 months, were unharmed.
The children’s parents were customers of Michalios’ licensed day care business in her home at 29500 N.E. 182nd Court in the Yacolt area. The parents were not present for Michalios’ sentencing, and their names were not in the police report.
Brandenburg said that if the case went to trial, prosecutors would have had difficulty proving reckless endangerment, as the charge calls for a substantial risk of death or serious physical injury. But in this case, the minivan was parked and not running and the children were buckled in car seats, Brandenburg said.
Prosecutors couldn’t charge her with DUI because no one had actually seen her driving.
Chad Sleight, who works as a part-time Battle Ground city prosecutor, said those factors were taken into account in the plea agreement. Also, “her willingness to undertake alcohol treatment from the beginning” and a positive letter from her treatment provider also were mitigating factors, he said.
“Her choices that day were very poor and could potentially have been very dangerous,” Sleight said Tuesday. “Obviously, we are happy the kids were not harmed.”
About a month prior to the incident, Michalios’ day care license had been revoked by the state Department of Early Learning following allegations that she had imbibed on the job.
A spokeswoman with the state Department of Early Learning said that to petition to have her license reinstated, Michalios would have to show substantial signs of rehabilitation.
Laura McVicker: 360-735-4516 or laura.mcvicker@columbian.com.
