Kimberly Anne Upshaw (Source: Maricopa County Sheriff's Office)
Upshaw was arrested on suspicion of child abuse and hindering prosecution. (Source: Maricopa County Sheriff's Office)
PHOENIX (CBS5) -
A Phoenix woman was sentenced Tuesday on two counts of hindering prosecution after her 13-year-old daughter was assaulted by the woman's boyfriend.
Judge M. Scott McCoy sentenced Kimberly Anne Upshaw to two years of probation and 60 days in jail starting Tuesday.
During a police interview, officers said Upshaw failed to disclose the suspect's location, saying he was homeless.
On March 14, Upshaw and her daughter went out to eat and then went to her boyfriend's cousin's house, according to court documents.
Upshaw drove her boyfriend and two of his cousins to the store to buy alcohol while she left her daughter and 4-month-old baby at the apartment, court paperwork stated.
After they returned, she dropped off her boyfriend and his cousins and then took her two daughters and drove to her parents' home where she was living. Since it was so late, she told police she couldn't get into the house and they went back to the car, where they fell asleep.
The 13-year-old daughter told police she woke up to find her mother's boyfriend assaulting her, court documents stated.
The victim woke up her mother and described the assault. The man fled and the mother took her daughter to the hospital.
The victim was interviewed again by police. The mother continued to deny her boyfriend's involvement until officers conducted a second interview later that day. The court document said Upshaw admitted to sending the suspect messages to "get out." She said she was a bad mother and knew he had done this, court paperwork stated.
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