A Wyoming woman got two years Conditional Discharge from a February 19, 2021, incident where she struck a 5-year-old child in the face at a daycare in Galva. Tristean Hulsey, 21, of Wyoming pleaded guilty to Misdemeanor Battery in an open plea in front of Judge James Cosby on Thursday, January 12, 2023. The State filed an amendment to add Count 3 for Misdemeanor Battery in November and, as part of the open plea, Felony Counts 1 and 2 were dismissed. A Bench Trial started on August 2. 2022, but was continued when witness recordings were not disclosed by the Galva Police Department.
Judge James Cosby found Hulsey Guilty of Misdemeanor Battery for the offense committed in February 2021 when she struck minor child RG in the face with an object. The mother and grandmother of RG provided written statements to the State’s Attorney’s Office and were read into record by Assistant State’s Attorney Katie Reynolds. The family talks about how traumatic the incident was on RG. He talks about it still today, almost two years later. They said RG has struck his brother because he thinks it’s ok after Hulsey struck him that day at the daycare. They talk about the fear and anxiety of leaving their child at daycare and school. Jessica, mother of minor RG, told RegionalMediaNews “I am upset with the outcome of this (almost) 2 tragedy.” “I did not feel empathy when Ms. Hulsey read her sob story about how it would affect her future”. Jessica said no matter how mad you are, you do not hurt a child. “I do not believe the judge was fair and I do not believe my child got the justice he deserves.” “Our children are our future leaders and an incident like this can make them vulnerable or have trust issues.” “My son is a smart and good-hearted child so I know he won’t forget this.”
Character Statements for Tristean Hulsey were provided by family and friends to Attorney Scovil. Judge Cosby reviewed the statements and added them to the record. Tristen Hulsey gave an un-sworn statement to the court. She said “I am very sorry for my actions”. She said she will do whatever to put this case and the event behind her. She said she loves kids and used to babysit. “Not a day goes by since that day in 2021 that I don’t regret my actions.” She graduated from Cosmetology School in December 2021 and has started her own business. She also works at a bowling alley to make ends meet. “I ask you humbly for leniency”. She said she is concerned this could affect the work she has done in the industry so far. “I hope they can forgive me one day”.
Assistant State’s Attorney Reynolds said Tristean Hulsey was in a position of authority and the child’s parents trusted her. ASA Reynolds requested Hulsey get 24 months probation, $1,000 fine plus assessments, 60 days in the Henry County Jail, Seek Anger Management Evaluation and Recommended treatment and have no contact with the minor child.
Defense Attorney Scovil said emotions flare and, in hindsight, “we think, I could have handled that better”. Scovil said “I think jail time is wholly unwarranted” and said Supervision would be an appropriate disposition.
Judge Cosby said “This is a traumatic experience for the child and the parents of the child”. Judge Cosby said the child was delivered to the daycare and trust was placed in the daycare not to harm the child. Tristen Hulsey was 19 1/2 at the time of the incident. He said she wasn’t a child but was a young person and young people don’t always make the best decisions. The video shown at the Bench Trial will be used as a factual basis for the plea. Judge Cosby said the video showed “an angry overreaction to a situation”. The video showed Ms. Hulsey throw the toy and the toy strike the child in the face. Judge Cosby said the punishment should be tailored to the crime and the defendant. Ms. Hulsey doesn’t have a criminal record prior to this conviction. Judge Cosby said “this was a singular act of a 19 1/2-year-old woman in the moment. I do believe she regrets her actions”. “I don’t believe either recommendation is appropriate.”
Judge Cosby chose a disposition down the middle of the State and Defense recommendations. Judge Cosby sentenced Tristean Hulsey to two years of Conditional Discharge, $500 fine plus assessments (Total $939), no contact with the victim or family and she is not allowed to work in any child care setting during the two year Conditional Discharge. Judge Cosby told the family that this will be a conviction on her record unless pardoned by the Governor. If Hulsey breaks any of the conditions, doesn’t pay the fine or is charged with any new crimes, she can be re-sentenced to the full extent of the law.
