12-29-2011, 12:19 PM #1
Seeking closure, justice: Kimmiís death prompts push for new legislation
Kimimila Win Iron Cloud died in the care of a babysitter; her death was ruled accidental. Kimimila is 'butterfly' in Lakota; her Lakota name is Butterfly Girl. Her parents are educating other parents about the dangers of improper use of car seats and are circulating petitions to have laws changed in South Dakota concerning child abuse. Let's hope her parents receive justice and are successful in their quest. Beautiful little girl.
"Kimmi died when the baby sitter placed the fussy child in a car safety seat, failed to properly fasten its bottom straps and then left the crying child unattended in a bedroom for at least 45 minutes, while she and two other people visited in the living room."
"I don't know how they could sit there and listen to her cry like that, because she must have cried hard," she said. "I mean, two hours? Three people there? And my child is dead? I don't understand that."
Under South Dakota's criminal code, negligence is not enough. State law requires that the "intent" of the person causing the harm must be taken into consideration, according to Deputy Attorney General Robert Mayer.
"In South Dakota, child abuse is a general intent crime, which means the state of mind of the actor - in order to be guilty criminally - must be determined to have had criminal intent," said Robert Mayer said.
The Pennington County State's Attorney determined that neither the required recklessness nor criminal intent existed in this case.
Read more: http://rapidcityjournal.com/news/see...#ixzz1hwORKKzh
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