California woman sentenced to year of federal supervision for mid-air assault on toddler

Seattle – A 33-year-old resident of Davis, California pleaded guilty and was sentenced today to time served and a year of federal supervision for a misdemeanor charge of Assault by beating, wounding, or striking, announced U.S. Attorney Tessa M. Gorman. Breanna R. Mistler was arrested at Sea-Tac Airport when the Delta flight from Puerta Vallarta, Mexico arrived on May 1, 2024.  Magistrate Judge Brian Tsuchida imposed the sentence today, noting that in September Mistler will begin serving a four-month sentence in California for an arson conviction. Mistler’s federal supervision will begin after that state sentence.

Judge Tsuchida noted that Mistler will be supervised not only by the federal probation office, but by Child Protective Services, and California probation officers as well. “You are taking steps …. I hope you start over with a more stable life – you have a very young child, and she deserves that,” Judge Tsuchida said.

According to the criminal complaint, multiple passengers on the flight observed Mistler abuse the child. The child was in the window seat and Mistler in the aisle seat. The child woke-up Mistler, and then according to witnesses, Mistler turned and kicked the child. In her plea agreement, Mistler denies that she kicked the child but admits hitting and shaking the 2-year-old. Witnesses reported Mistler struck the child multiple times with her hand, and one witness reported Mistler shook the child “like a rag doll.” Despite interventions from passengers, Mistler persisted in the abuse. She told the passengers to “mind their own (expletive) business.”

Customs and Border Protection officers detained Mistler at the airport. The Port of Seattle Police and the FBI took over the investigation. Mistler was held at the Federal Detention Center at SeaTac for about three weeks.

Mistler is currently taking parenting and anger management classes. Prosecutors noted the extreme vulnerability of the victim in this case writing to the court, the victim “was two years old, and trapped in the window seat on an airplane. Given her young age and her physical confinement, she had no recourse to resist or avoid being hit, kicked, or shaken by her mother.”

At today’s sentencing hearing, Mistler’s attorney Dennis Carroll told the court that the assault came when Mistler hit her “lowest point.” She is now “sober, reflective and remorseful and currently has supervised visits with her daughter,” Carroll said.

For her part, Mistler told the judge “I hit rock bottom. I am a better person now. I want to continue to be better.”

The case was prosecuted by Assistant United States Attorney Carolyn Forstein.