JOHN A TORRES

Killer Palm Bay mom sentenced to life in prison

John A. Torres
FLORIDA TODAY

As Jessica McCarty was sentenced to life in prison this afternoon, the focus switched from her horrific deeds to the alleged failure of the mental health system.

The 33-year-old Palm Bay woman went before Circuit Judge James Earp and admitted to killing her three young children earlier this year. In exchange for her plea, her life was spared. She was sentenced to life in prison.

The state had been pursuing the death penalty.

Assistant State Attorney Bill Respess said the case was never going to be about guilt or innocence but rather whether McCarty would be sentenced to die. In the end, he explained that concerns over her mental health helped convince the state to accept the plea and spare her life.

"That's really what this case was about," he said. "It was essentially a sentencing case. We wanted to see what the defense had as far as mitigation. The crime was monstrous. The issue for us was whether or not the defendant was a monster. And what we were able to determine from that is that she may not be a monster. We looked at the mental health and the mental health mitigation and that leaned against us going forward."

Story continues below:

Torres: Palm Bay mom accused of killing children wanted to die

Wearing gray jail clothes and shackled at the wrists and ankles, McCarty was escorted to the podium by assistant public defenders Mark Lanning and Michael Pirolo. She fought back tears as she answered the judge's questions. Her hair was significantly longer than when she was arrested.

"You look emotional, do you need a break before we continue?" Earp asked

"No, sir."

She later wept openly as her mother, Patricia Null addressed the court and told James Earp that he daughter was failed by the mental health profession.

"She lost control to such an extent that her maternal instincts abandoned her," she said. "I hope we can leave here today without hatred."

The two fathers sat silently in the back row of the gallery behind a victim advocate for the State Attorney's Office.

Pirolo said he would not divulge names or organizations but said McCarty had reached out for help in the days leading up to March 19.

Why?

"Her mother could not have said anything better. She spoke the truth," Pirolo said. "This case was not about prescription drug use but a complete failure of the mental health system. I hope this is another wakeup call that the mental health system needs help that the mental health system needs to be improved. This was a mental health breakdown."

On March 19, McCarty called 911 and admitted to killing 5-month-old Christopher, 6-year-old Phillip and 7-year-old Lacey at the Palm Bay home she shared with the father of her youngest child, Chris Swist.

McCarty had a history of legal trouble, painkiller addiction and mental health issues, according to court and police records. She was arrested a few years ago for passing forged prescriptions to feed her painkiller habit. She had also attempted suicide at least twice before.

Police found McCarty with self-inflicted superficial wounds. They shot her with non-lethal rounds when she refused to put down a large butcher knife. Investigators found a rambling three-page suicide note that said things like: "I am not worth living. ... I suck at life. ... I did my best. ... I am worthless."

Contact Torres at 321-242-3684 or at jtorres@floridatoday.com. Don't forget to follow him on Twitter @johnalbertorres or on Facebook at http://www.facebook.com/FTjohntorres.

Jessica McCarty with her attorneys, public defenders Mark Lanning and Michael Pirolo.  McCarty went before Circuit Judge James Earp Thursday afternoon and admitted killing her three young children earlier this year. In exchange for her plea, her life was spared. She was sentenced to life in prison without parole.