Mother who beat and starved her 5-year-old son to death sentenced to over 50 years in prison

CONCORD, N.H. (AP) — A New Hampshire woman was sentenced Friday to 53 years to life in prison in the death of her 5-year-old son, who was beaten, starved and exposed to drugs before his 19-pound body was found buried in a Massachusetts park in 2021.

“I'm so sorry Elijah that I failed you as your mother,” Danielle Dauphinais said in court, reading a letter that recounted her life as an abused and abandoned child. She broke down, crying, and one of her attorneys finished reading it.

Dauphinais, 38, was facing a trial in Nashua but pleaded guilty last month to second-degree murder and other charges in the death of her son Elijah Lewis in an agreement with prosecutors.

Prosecutors had asked for a 55-year sentence. The defense asked for 35 years, the minimum term. Dauphinais also received three to seven additional years on lesser offenses.

Elijah’s autopsy showed he suffered facial and scalp injuries, acute fentanyl intoxication, malnourishment and pressure ulcers.

Prosecutors said Elijah was tortured and neglected. He was confined for long periods of time in a bathroom tub, often naked, and monitored via video. In the end, he couldn't stand, they said, showing photos of him over a 16-month period getting progressively thinner. One of his eyes was shut in the last photo.

Dauphinais was divorced from Elijah's father, who had been caring for the boy in Arizona. He brought Elijah to her in New Hampshire in May 2020. Her lawyers said the child had “severe psychiatric issues” and neither parent got him an evaluation. But Judge Charles Temple said that expletive-ridden, hateful texts she sent her boyfriend about her son and her actions were damning.

“You knew exactly what you were doing to Elijah. You were killing him, hour by hour, day by day, month by month," he said.

Dauphinais’ boyfriend, Joseph Stapf, pleaded guilty to manslaughter, second-degree assault, falsifying physical evidence and witness tampering in 2022 in connection with the boy’s death. He was sentenced to 22 to 45 years in prison.

Prosecutors read a series of texts between Stapf and Dauphinais that expressed hostility toward Elijah and frustration if he didn’t behave according to their wishes.

“He said he wants food and he wants me to stop starving him because it’s not nice,” one said. Another message read, “I’m gonna kill him and I mean it,” and another said, “I hit him with the shower rod that’s all I did.”

Stapf had texted Dauphinais to give Elijah more food to “fatten him up.”

Defense attorney Benjamin Faulkner said Dauphinais' texts were sent out of desperation because Elijah showed aggressive behavior that she was unable to manage while as she was taking care of another child. She also was pregnant and abusing fentanyl and heroin. Dauphinais said her ex-husband wouldn't provide his insurance information for her to seek help.

Prosecutors said she shifted blame and responsibility to the father and others.

“She did nothing to help Elijah,” prosecutor Bethany Durand said.

Elijah lived with Dauphinais, Stapf, and the 2-year-old daughter she had with Stapf in the basement of a home where Stapf's mother also lived.

By that fall, Elijah's father, Timothy Lewis, became concerned that Elijah wasn’t getting proper medical care and contacted the state Division for Children, Youth and Families. Elijah had developmental challenges and a difficult behavior pattern that worsened in New Hampshire, Lewis said in a wrongful death lawsuit filed earlier this year against Dauphinais, Stapf, Stapf’s mother, and the child services agency.

Faulkner said Lewis told the child services agency that he couldn't take Elijah back because he was concerned for the safety of other children living in his home. The pressure was put on Dauphinais, “who didn't have the ability to deal with it," Faulkner said.

A separate judge on Friday granted the state agency a partial dismissal in the case. A lawyer for Stapf's mother denied allegations in a court filing. No attorneys are listed for Stapf and Dauphinais in the lawsuit.

Elijah weighed 32 pounds (14.5 kilograms) and had bruises on his face, eye and arm at a November 2020 doctor visit, prosecutors said. Dauphinais later told the agency that her son was sent to California to live with Dauphinais’ sister, a custody arrangement the father had agreed to, but Dauphinais didn’t follow through, prosecutors said.

By October 2021, Dauphinais had given birth to a boy at home, prosecutors said. Stapf brought the infant to a hospital with the intent to leave him there. The hospital found evidence of drugs in the baby and contacted the child services agency, which opened an investigation. The agency could find no signs of Elijah.

Dauphinais said her son was with her sister, and then a man she described as her brother but turned out to be a friend. Both the sister and friend told investigators that Dauphinais had contacted them and asked them to lie about Elijah’s whereabouts.

Prosecutors believe Elijah died in September 2021 and the couple put his body in a container and brought him to the Massachusetts park, where Stapf dug a hole and buried him, prosecutors said.

When Elijah was still missing, Stapf and Dauphinais were arrested in New York. Days after their arrest, Elijah’s remains were found.

Prosecutors said that when Elijah was found, he was 3 feet (91 centimeters) tall and weighed 19 pounds (8.6 kilograms), while an average 5-year-old boy would be about 3.6 feet (1.1 meter) tall and closer to 40 pounds (18 kilograms).

Lewis addressed the court via phone on Friday, saying he could never forgive Dauphinais for her actions and wished she would be haunted by the death of their son. Faulkner said she is.

This story has been corrected to show that it was the sister and friend who told investigators that Dauphinais told them to lie about Elijah's whereabouts, not two relatives.

Superior Court Justice Charles Temple holds a photograph of Elijah Lewis as he explains his sentence at the hearing for Danielle Dauphinais at Hillsborough County Superior Court South in Nashua, N.H., on Friday, Oct. 25, 2024. (David Lane/Union Leader via AP, Pool)

Assistant Attorney General Meghan Hagaman gets a hug from Merrimack Police Chief Brian Levesque following the sentencing of Danielle Dauphinais at Hillsborough County Superior Court South in Nashua, N.H., on Friday, Oct. 25, 2024. (David Lane/Union Leader via AP, Pool)

Danielle Dauphinais, who pleaded guilty last month to second-degree murder and other charges in the death of her 5-year old son Elijah Lewis in 2021, reads a statement at her sentencing hearing at Hillsborough County Superior Court South in Nashua, N.H., on Friday, Oct. 25, 2024. (David Lane/Union Leader via AP, Pool)

Danielle Dauphinais, who pleaded guilty last month to second-degree murder and other charges in the death of her 5-year old son Elijah Lewis in 2021, attends her sentencing hearing at Hillsborough County Superior Court South in Nashua, N.H., on Friday, Oct. 25, 2024. (David Lane/Union Leader via AP, Pool)

Danielle Dauphinais, who pleaded guilty last month to second-degree murder and other charges in the death of her 5-year old son Elijah Lewis in 2021, gets escorted to her table at her sentencing hearing at Hillsborough County Superior Court South in Nashua, N.H., on Friday, Oct. 25, 2024. (David Lane/Union Leader via AP, Pool)

Assistant Attorney General Meghan Hagaman displays a photo of Elijah Lewis at the sentencing hearing for Danielle Dauphinais, seated at Hillsborough County Superior Court South in Nashua, N.H., on Friday, Oct. 25, 2024. (David Lane/Union Leader via AP, Pool)

Danielle Dauphinais, who pleaded guilty last month to second-degree murder and other charges in the death of her 5-year old son Elijah Lewis in 2021, gets escorted to her table at her sentencing hearing at Hillsborough County Superior Court South in Nashua, N.H., on Friday, Oct. 25, 2024. (David Lane/Union Leader via AP, Pool)

Lisa Chasse of Nashua, N.H., wears a sweatshirt with a photo of Elijah Lewis at the sentencing hearing for Danielle Dauphinais at Hillsborough County Superior Court South in Nashua, N.H., on Friday, Oct. 25, 2024. (David Lane/Union Leader via AP, Pool)

Danielle Dauphinais, who pleaded guilty last month to second-degree murder and other charges in the death of her 5-year old son Elijah Lewis in 2021, attends her sentencing hearing at Hillsborough County Superior Court South in Nashua, N.H., on Friday, Oct. 25, 2024. (David Lane/Union Leader via AP, Pool)

FILE - Danielle Dauphinais, who was charged with second-degree murder and two counts of witness tampering in the death of her five-year-old son Elijah Lewis, appears in Hillsborough Superior Court South, Sept. 26, 2024, in Nashua, N.H. (AP Photo/Charles Krupa, Pool, File)

Dallas (3-3) at San Francisco (3-4)

Sunday, 8:20 p.m. EDT, NBC

BetMGM NFL odds: 49ers by 4 1/2.

Against the spread: Cowboys 2-4; 49ers 3-4.

Series record: 49ers lead 20-19-1.

Last meeting: 49ers beat Cowboys 42-10 in Santa Clara, California, on Oct. 8, 2023.

Last week: Cowboys had bye last week, lost 47-9 to Lions on Oct. 13; 49ers lost to Chiefs 28-18.

Cowboys offense: overall (12), rush (32), pass (2), scoring (20).

Cowboys defense: overall (24), rush (27), pass (19), scoring (31).

49ers offense: overall (3), rush (7), pass (4), scoring (8).

49ers defense: overall (14), rush (12), pass (16), scoring (16).

Turnover differential: Cowboys minus-6; 49ers plus-2.

All-Pro CeeDee Lamb has led Dallas in yards receiving in four of its six games, but is still looking for his first 100-yard day. The three-time Pro Bowler had eight last season. ESPN analyst and former Dallas QB Troy Aikman, a three-time Super Bowl winner, criticized Lamb’s route-running in a radio appearance a few days after the loss to the Lions. Lamb and QB Dak Prescott have already had a couple of tense sideline moments this season. A year ago, Lamb’s sideline antics drew plenty of attention at the Niners on a miserable day for the Dallas offense in a 42-10 loss.

WR Ricky Pearsall made his NFL debut last week exactly 50 days after being shot in the chest. The first-round rookie had three catches for 21 yards against Kansas City but will likely need to play a bigger role on Sunday with Brandon Aiyuk out with a season-ending knee injury.

Special teams. The Cowboys come into the game with one of the best special teams units, while the Niners have had one of the worst. San Francisco is on pace for the third worst net punting average in the past 10 seasons and allowed another long return last week that set up a TD. The Niners have also had a punt blocked, allowed a kick return TD and rank near the bottom in starting field position for and against on kickoffs. Dallas had a punt return TD in Week 1, leads the NFL in punt return average and ranks near the top in starting field position for and against after kicks.

Two-time All-Pro pass rusher Micah Parsons will miss a third consecutive game with a high ankle sprain. It’s the first time Parsons has missed time because of injury in three-plus seasons with Dallas. ... CB DaRon Bland also has been ruled out. The All-Pro hasn’t played this season after undergoing surgery for a stress fracture in his foot at the end of the preseason. Bland set an NFL record last season with five interception returns for touchdowns. ... Two Dallas rookies could return. LT Tyler Guyton (knee) was active but didn’t play against the Lions after getting injured at Pittsburgh. CB Caelen Carson, Bland’s replacement to start the season, is questionable with a shoulder injury. So is LB Eric Kendricks, who signed with Dallas as a free agent in the offseason and initially agreeing to terms with the Niners. ... San Francisco will be without WR Jauan Jennings (hip) but WR Deebo Samuel should be back after missing most of last week's game with pneumonia. ... Niners DT Kevin Givens (groin) also is out this week.

The 49ers won the past three meetings — including two in the playoffs — and are seeking their longest winning streak in the series since winning six in a row from 1981-90. ... The Niners' 42-10 win at home last season was their most lopsided in the series. ... Prescott has a 60.3 passer rating with three TD passes and six INTs in his past three starts against San Francisco.

Two of the Cowboys’ victories have been in prime time, including Sunday night at Pittsburgh in Week 5. ... Dallas is 3-0 on the road and 0-3 at home. ... The Cowboys are tied for 26th in takeaways with five and tied for 30th in turnover margin at minus-6. They finished at least plus-10 in each of their three seasons under former defensive coordinator Dan Quinn, now the coach in Washington. ... Prescott led a winning fourth-quarter drive in Dallas’ previous Sunday night game at Pittsburgh. His next will be his 24th, which would tie Tony Romo for the franchise record. ... Prescott has five giveaways the past two games (four interceptions and a fumble). His most in a three-game stretch is eight in 2017, during a three-game losing streak that sent Dallas tumbling out of the playoff picture. ... RB Rico Dowdle had one carry each in the first and second quarters against Detroit a week after the best game of the fifth-year player’s career in the victory over the Steelers. Dallas is last in the NFL in rushing offense with the lingering question of whether Dalvin Cook might get his first chance coming off the practice squad after signing late in the preseason. Ezekiel Elliott, a two-time rushing champ for Dallas who rejoined his original team in the offseason, hasn’t been effective with his limited opportunities. ... WR Brandin Cooks’ knee injury has given Jalen Tolbert his first prominent role in three seasons with the Cowboys. Tolbert caught the winning TD against the Steelers, and his next score will be a career-high third. ... K Brandon Aubrey, who missed practice all week because of jury duty but is expected to play, has at least one field goal from 50 or more yards in eight consecutive games, an NFL record. ... The 49ers are in danger of dropping two games below .500 for the first time since a 2-4 start in 2021. ... San Francisco QB Brock Purdy threw three INTs last week for just the second time in his career. ... Purdy became the first Niners QB with two rushing TDs in a game last week. His 17 rushing first downs are tied for the fifth most for any QB. ... San Francisco leads the NFL with 26 pass plays for at least 20 yards. ... The Niners had multiple INTs in back-to-back games. The previous time they did that three straight games in a season came in 2014. ... San Francisco TE George Kittle needs six catches in his 105th game to become the fourth fastest TE to 500 catches. ... Niners LB Fred Warner had a sack, forced fumble and INT last year against Dallas. With an INT on Sunday, Warner will be the first player with INTs in three straight games vs. Dallas since Jordan Hicks did it in the 2015-16 seasons. ... San Francisco is tied for third in the NFL with 13 takeaways.

With their receivers banged up, the 49ers could put more of the load on RB Jordan Mason against one of the league's worst run defenses. Mason had had only 37 carries the past three games after averaging 111.8 yards rushing per game the first four weeks. This could be the game that gets him back to that kind of production.

AP NFL: https://apnews.com/hub/NFL

San Francisco 49ers wide receiver Ricky Pearsall (14) catches a pass against Kansas City Chiefs safety Bryan Cook (6) during the first half of an NFL football game in Santa Clara, Calif., Sunday, Oct. 20, 2024. (AP Photo/Eakin Howard)

Dallas Cowboys wide receiver CeeDee Lamb (88) gains yards after catching a pass as Detroit Lions safety Brian Branch (32) pursues in the first half of an NFL football game in Arlington, Texas, Sunday, Oct. 13, 2024. (AP Photo/Gareth Patterson)