Found Deceased TX - Sherin Mathews, 3, Richardson, 7 Oct 2017 #4

[georgiajean]

A wonderful tribute video put together by Vinu Joseph Films. Just lovely. Rest in Peace, Sherin. May you know that you mattered.
https://www.facebook.com/VinuJosephfilms/videos/972723506200206/

 

[georgiajean]

I agree to a similar scenario. That she was taken via Acura driver (WM?) who met up with someone during that 4-5am drive (possibly at Richland College), and handed her off to an accomplice. Then said accomplice (or two?) placed her body in that culvert In the last 24-48 hours (max).

I don't believe WM is stupid enough to try to transport his missing daughter's dead body with an ankle monitor on (that's not a compliment to him; it'd just be incredibly stupid). IMO, JMO

Yeah, you probably are right. I was envisioning him being desperate. Or that he wanted her found. Maybe he thought it would be better for the hearing on Monday if Sherin were found, and he thought he had created an air-tight theory that would clear him. (Close enough to have wandered away herself and then either killed by coyotes or died of exposure and then body drug into culvert by coyotes).
What WM forgot is that he is on the hook for putting her in danger, to the tune of 2-20 years. Her being found deceased will only, in my hope, increase those charges.
Anyone know what a child dying due to neglect and wilful endangerment would be in Texas??

 

[MarisaS1985]

And driving around trying to figure out what on earth to tell Sherin's mother....
For what it's worth, I do not believe she has been in that culvert all this time. My theory right now is that she was taken somewhere, and then moved to this location. The first search area where LE spent so much time, I think that is the original location. It fits with the time frame of the vehicle being gone. Then, he moved her to the culvert, and his ankle tracking device clued LE into the location. IMO only.

If she was moved the ME will be able to tell. Initially I posted that LE may have actually wanted him out on bail/bond with an ankle monitor and not house arrest just in case he did lead them to the body... Is it wrong to hope he is "smart" enough to have done this and not only incriminated himself in her death, but also in transporting a body and whatever other charges they can possibly add?

That said, IF WM didn't do this, then I want him to be cleared and for justice to be served, I know he was charged with endangerment, and rightfully so, and he should have to face that charge and any that come as a result of her death, BUT if he didn't do it, justice will not be served if the wrong person is still out there...

IMO justice isn't when SOMEONE is behind bars for the crime, it's when the actual perpetrator is!

 

[Jo in Calif]

I wonder if we will see another search at the house?
Like we did after Caylee Anthony's body was found.

 

[wgram]

I just don't think she would have wandered away. Kids that age don't just go off alone in the DARK.
I feel that there will be an arrest soon. They likely know who did this. I just am not buying that whe went
alone on her own.

 

[margarita25]

Might she have tried to run from him (chased outside)? She's probably too small to have done that?

Tonight's radio broadcast put her small size in perspective again...I realized she weighed just over the equivalent of a 10 pound weight in each hand.

 

[MarisaS1985]

When dogs searched the alley did they also search the Mathews home? Do we know if they searched only for Sherin's scent or if they also searched for WMs? If they looked for his as well, (he had already been charged at this point and the Amber Alert was called off), it would be fair to assume that neither of them went for that walk... but if they didn't search for WM's scent then any video footage would be really important in looking for a man walking carrying a child... I don't think he walked, I think this was frantic and he jumped in his car... but it is good to rule in or out regardless. JMO and MOquestions

 

[georgiajean]

Very good news report from tonight With video footage of agents searching the field by the culvert this afternoon. You can see them lifting up pads of mowed grass to look underneath. The culvert scene was cleared by night, and there is footage of a vigil at the culvert.
http://www.kens5.com/news/police-body-found-during-search-for-3-year-old-sherin-mathews/485194102

 

[Grouchymom]

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.19.htm

Under Texas law manslaughter or criminally negligent homicde could apply even if the milk and tree story were true.

[FONT=&amp]Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual.
[/FONT][FONT=&amp](b) An offense under this section is a felony of the second degree.[/FONT]

second degree felony being 2 - 20 year penalty

[FONT=&amp]Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE. (a) A person commits an offense if he causes the death of an individual by criminal negligence.
[/FONT][FONT=&amp](b) An offense under this section is a state jail felony.[/FONT]

[FONT=&amp]Sec. 12.35. STATE JAIL FELONY PUNISHMENT. (a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.[/FONT][FONT=&amp](b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.[/FONT]
[FONT=&amp](c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:[/FONT]
[FONT=&amp](1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or[/FONT]
[FONT=&amp](2) the individual has previously been finally convicted of any felony:[/FONT]
[FONT=&amp](A) under Section 20A.03 or 21.02 or listed in Article 42A.054(a), Code of Criminal Procedure; or[/FONT]
[FONT=&amp](B) for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure.[/FONT]

the underlying offense for manslaughter would be the abandonment/endangering charge so both charges could be charged at the same time.

JMHO

 

[georgiajean]

Looking for info about charges for endangerment/abandonment which leads to death. The case of Amanda Hawkins, who left her two young babies in a car for 15 hours, leading to their death.

The grand jury returned four indictments. Amanda Hawkins is facing two counts of abandoning a child imminent danger of death, bodily injury, or physical or mental impairment. She also is charged with two counts of injury to a child recklessly causing serious bodily injury or serious mental deficiency. All charges are second-degree felonies, and each carries a possibility of 20 years in prison.

https://www.**************/4470253/...s-hot-car-deaths-kerrville-texas-kerr-county/
So WM could be facing one count of abandoning a child in imminent danger, and one count of injury to a child recklessly causing serious bodily injury. Both would be second degree felonies, with each carrying up to 20 years. If served consecutively, he could face up to 40 years. Does that seem right?

 

[MarisaS1985]

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.19.htm

Under Texas law manslaughter or criminally negligent homicde could apply even if the milk and tree story were true.

second degree felony being 2 - 20 year penalty

Does Texas give concurrent or consecutive sentences? Just asking bc if they keep the current charge and add the above charge of manslaughter, and the sentences are consecutive that could be 40 years...

 

[EA18G]

This is so sad. I still vividly remember the video of her at a church gathering (in a previous thread) where she was calling for her "Daddy."

 

[Grouchymom]

Does Texas give concurrent or consecutive sentences? Just asking bc if they keep the current charge and add the above charge of manslaughter, and the sentences are consecutive that could be 40 years...

It is my understanding that it is up to the discretion of the Judge

 

[margarita25]

For those of you who are local or have done research on the camera footage, does this short route to where Sherin was found have any traffic cameras or businesses that would be likely to have cameras? Such as gas stations, car washes, storage facilities, electronic stores or strip malls, etc.

Just wondering if perhaps some of the footage handed over was from this area and showed something extremely sinister... or less sinister but just as telling, like the Acura driving around several times or erratically ...

I wonder how many times he has driven by this place after being released, to see if there is any activity, etc...even with a GPS tracker or surveillance footage of his vehicle in the area, it would appear as him just driving through the neighborhood enroute...

 

[margarita25]

And driving around trying to figure out what on earth to tell Sherin's mother....
For what it's worth, I do not believe she has been in that culvert all this time. My theory right now is that she was taken somewhere, and then moved to this location. The first search area where LE spent so much time, I think that is the original location. It fits with the time frame of the vehicle being gone. Then, he moved her to the culvert, and his ankle tracking device clued LE into the location. IMO only.
(Hi Cubby!!! I saw your message and hello before it was removed. Just wanted to say hi back!!)

I thought about this, her maybe being moved, but I would think it would be too risky and obvious with the GPS tracker and all the heat...

 

[margarita25]

Some have been talking about the rains Dallas had last night. The thing is, though, Sherin would not have been "washed down" in a storm from the back of her house to the culvert area where she was found. If you look at the map, and go to street view at the Centennial and Bowser intersection, you'll see that it is all pretty flat, as is the area around the railroad tracks just due west of that intersection. There are a few sewers on Centennial or Bowser, but there is no under-the-road culvert or wash area near the tracks that she would have traveled down during a storm in order to arrive at that little culvert where she was found this morning. In other words, she was not found in a 'swale' culvert (like the bigger ones pictured earlier in this thread). That culvert is just in a low spot at that particular street, but rising to level as you head back southward towards Centennial--which is a totally flat intersection and road all the way to the railroad tracks. I'll try to post some photos to give you a sense of the terrain.

So, IMO, I don't believe the rains swept her away. Nor am I convinced a phantom coyote dragged her off (with no screaming, no blood traces, no scent tracked by dogs, etc.), carrying her northward along the tracks, crossing a 4-lane highway, and traveling all that distance before finding just that one tiny culvert to deposit her in. We've had coyotes attack small dogs twice in our N.Texas neighborhood; while rare, there is definitely a commotion, a trail, and some mauling along the way. I'm also not convinced a 3-yr old would voluntarily take that same route in the middle of the night and elect to cross a well-lit 4-lane highway so that she could then go back down into the darkness to hide in a tiny culvert. And die of...what? Hypothermia?

Here are some photos:

1. Where found (SW side of intersection), culvert circled:

2. Satellite view of area from home to intersection/culvert where found:

3. Centennial @ Bowser intersection (facing NW); sewers; alley backing up to easement and tracks behind neighborhood watch sign:

4. Centennial at Bowser (facing west/southwest); high wall on neighborhood side of Centennial; tracks in opening beyond, no culvert underneath Centennial (sewers only):

5. RR crossing at Centennial where Sherin and/or coyote presumably crossed (4-lanes) while traveling northward:

Thanks for the photos...sort of like a bridge...sort of...

 

[margarita25]

I agree to a similar scenario. That she was possibly taken via Acura driver (WM?) who met up with someone during that 4-5am drive (possibly at Richland College), and handed her off. Then said accomplice (or two?) placed her body in that culvert In the last 24-48 hours (max).

I don't believe WM is stupid enough to try to transport his missing daughter's dead body with an ankle monitor on (that's not a compliment to him; it'd just be incredibly stupid). IMO, JMO

There would be an electronic record of this, unless maybe he drove to a payphone?

 

[georgiajean]

Does Texas give concurrent or consecutive sentences? Just asking bc if they keep the current charge and add the above charge of manslaughter, and the sentences are consecutive that could be 40 years...

This document holds the answer. In short, when the crimes have root in the same action (as they do here, if the story of being left by a tree is true), the sentences run concurrently. IF the crimes are any laid out in the quote below, the sentences can run concurrently or consecutively. It looks like WM is currently charged with crimes that could run concurrently OR consecutively, determined in court. Hmm. In the original document, the codes are blue hyperlinks for more info. if anyone wants to sleuth more deeply...

Sec. 3.03. SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL EPISODE. (a) When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which he has been found guilty shall be pronounced. Except as provided by Subsection (b), the sentences shall run concurrently.
(b) If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of:
(1) an offense:
(A) under Section 49.07 (intoxication assault) or 49.08 (intoxication manslaughter), regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;

(2) an offense:
(A) under Section 33.021 (online solicitation of a minor) or an offense under Section 21.02 (continuous sexual abuse of a child), 21.11 (indecency with a child), 22.011 (sexual assault), 22.021 (aggravated sexual assault), 25.02 (prohibited sexual conduct), or 43.25 (sexual performance by a child) committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;

(3) an offense:
(A) under Section 21.15 (invasive visual recording) or 43.26 (possession or promotion of child *advertiser censored*), regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;

(4) an offense for which the judgment in the case contains an affirmative finding under Article 42.0197 (Finding regarding gang-related conduct) , Code of Criminal Procedure;

(5) an offense:
(A) under Section 20A.02 (traffiking of persons) or 43.05(compelling prostitution), regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections; or

(6) an offense:
(A) under Section 22.04(a)(1) (Serious bodily Injury to a child, elderly person, or disabled person) or (2) (serious mental deficiency, impairment, or injury to a child, elderly person, or disabled person) or Section 22.04(a-1)(1) or (2) (same as above, but he person is employed in a care home or other caring profession) that is punishable as a felony of the first degree, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) and punishable as described by that paragraph, regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section.

 

[margarita25]

This is so sad. I still vividly remember the video of her at a church gathering (in a previous thread) where she was calling for her "Daddy."

( )

 

[georgiajean]

I thought about this, her maybe being moved, but I would think it would be too risky and obvious with the GPS tracker and all the heat...

I know, I thought the same thing. It was the neighbor who lives 150 yards away from the culvert, who walks his dogs in that field every day, who made me think the moving a body scenario might be viable.
Does anyone know how long it takes for a body to smell strong enough for humans to smell? And would the body's size matter? (Sorry for being so graphic. NO disrespect meant to Sherin.)