A mother, formerly of Frankfort, who pleaded no contest in connection with the mauling death of her infant daughter in April 2011 will serve 90 days in jail out of a total 364-day sentence.

That was the decision Justice Robert Murray handed down during the sentencing of 31-year-old Katrina Mitchell on a charge of Class D endangering the welfare of a child. The hearing took place at Waldo County Superior Court in Belfast Wednesday afternoon, Feb. 6.

Mitchell, who now resides in Brewer, recently incurred additional charges as a result of two separate incidents in Bangor, both of which court documents show occurred in December.

The first set of new charges, explained Deputy District Attorney Eric Walker during Wednesday's hearing, were burglary of a motor vehicle, theft and violating conditions of release, all of which stemmed from an incident that Walker said occurred in a store parking lot in Bangor. At that time, Walker said, Mitchell entered a parked vehicle, consumed part of a soda and took some cigarettes. Mitchell entered a plea agreement with the Penobscot County District Attorney's Office Jan. 16, and as part of the agreement the burglary of a motor vehicle charge was dismissed. Mitchell was ordered to pay $250 in fines on the remaining charges of theft and violating conditions of release, Walker said.

Walker noted that the incident occurred a week before Mitchell appeared in the Belfast courtroom to plead no contest to the child endangerment charge Dec. 18.

The second incident in Bangor involving Mitchell was reported to Bangor police on the morning of Dec. 24. At that time, Bangor Police Officer Richard Polk responded to the report of a one-car accident on Stillwater Avenue in Bangor, and according to court records, the officer found Mitchell at the wheel of a 2000 Dodge van that was positioned in the ditch.

In his affidavit, Polk stated that he could smell alcohol on Mitchell's breath and a blood test showed Mitchell's blood alcohol content was at 0.17 percent at the time of the crash. Mitchell was arrested on a charge of operating under the influence as a result of the accident and she is scheduled for arraignment on that charge Wednesday, Feb. 13, in Bangor.

Walker said both he and Mitchell's attorney, Aaron Fethke, were not made aware of the new charges against Mitchell until Jan. 24, and therefore the Dec. 11 incident was not considered as part of Mitchell's plea agreement.

"We had every indication that Ms. Mitchell was doing well and adhering to her bail conditions," said Walker regarding the plea agreement. "… Mr. Fethke and I had no knowledge of this."

But once the Waldo County District Attorney's Office was made aware of those incidents, Mitchell was arrested Jan. 25 on a warrant seeking full revocation of her post-conviction bail on the child endangerment charge.

Wednesday afternoon, Walker said Mitchell had been held without bail since the issuance of the arrest warrant, but explained that since the operating under the influence case against Mitchell is still pending, it should not be considered as part of her sentence on the earlier child endangerment charge.

"It's not a conviction yet, so it should not be considered by this court," said Walker.

In light of the new information from Penobscot County authorities, Walker said, he and Fethke agreed that Fethke would not argue for a lesser sentence on behalf of his client as he had previously planned to do prior to learning of the new charges Mitchell now faces.

As part of the original agreement, Mitchell was subject to a sentence of 364 days in jail with all but three months suspended, and the agreement included a condition that capped Mitchell's sentence at no more than 90 days. Mitchell would also be required to complete one year of probation upon her release, including conditions that Mitchell undergo substance abuse and psychological counseling and refrain from using or possessing drugs or alcohol. In addition, Mitchell would be subject to random searches and tests for those substances.

While Walker said it would have been "nice to know" about the other charges Mitchell incurred in Bangor, he still believed the sentence of 364 days in jail with all but 90 days suspended was still an appropriate sentence for Mitchell.

Walker said Mitchell had "almost no criminal record" prior to the death of her daughter, which included an operating under the influence conviction in 2004 and an operating after suspension conviction in 2010.

After considering all the factors in the case, Walker said he still felt the sentence recommendation was appropriate.

"My feeling has not changed," said Walker.

Mitchell, who was dressed in a Two Bridges Regional Jail uniform, kept her head downward for much of her appearance Wednesday and chose not to address the court when Murray gave her the chance to do so.

As the hearing came to a close, Murray accepted the agreement between the state and the defense. He noted that while the case was unusual because of the events that occurred prior to the creation of the plea deal and shortly thereafter, those factors do not change the court's analysis of the sentence "as it relates to this charge."

Previously published reports state that on the night of her daughter's death, Mitchell told police she had her first drink of beer at about 3 p.m., but that she took between three or four shots of vodka after she called her husband and 911 to report her daughter's death.

Later that night, according to court records, police interviewed Mitchell at Waldo County General Hospital in Belfast, where Mitchell stated that her baby fell asleep on one end of the couch and that she was asleep on the other end of the same couch.

“Katrina [Mitchell] stated that her dog, Hannibal, attacked and killed Annabelle [Mitchell], but she did not know how, because there was no noise,” stated Maine State Police Detective Adam Kelley in his affidavit.

Court records also outline the findings of Deputy Chief Medical Examiner Dr. Michael Ferenc, who conducted the autopsy on Annabelle Mitchell’s body. In his statements to Kelley, Ferenc concluded the child would have been able to audibly cry for help, based on the nature of her injuries.

“Many of the claw marks were associated with hemorrhage, which is indicative of Annabelle [Mitchell] being alive for at least part of the mauling, and she would have been capable of crying and/or screaming due to pain," Kelley wrote in the affidavit.

After Mitchell pleaded no contest to the child endangerment charge last month, Waldo County Deputy District Attorney Eric Walker said the three-month portion of Mitchell's sentence represents a cap, meaning that Mitchell may argue for less time served on the day of her sentencing hearing. At that time, Walker said Mitchell had been doing "very well" adhering to conditions of her release in the 18 months she'd been out on pre-conviction bail, and she had also worked well with the Maine Department of Health and Human Services.

After the hearing, Fethke said his client opted not to address the court because the incident is difficult for Mitchell to talk about, but he stated that she is "eager to pay her debt and continue her treatment."

"My client's glad it's over, and I think it's good for the community that it's over too," said Fethke.