FL - Fendra Molme, 11 months, dies in hot car while parents attend church, Palm Bay, May 2023 *arrest*

[MsMarple]

The details of what happened at the mother's arrival to church is chilling, because I can see it playing out as described. Mother arrives almost an hour late, is frazzled, parks in a different spot (Why??), and in the hustle of unloading and getting everyone and everything into the church, a string of assumptions were made. Assumption #1: that what happened every Sunday would still happen, despite being so late (maybe those who would normally take infant were already settled in church?). #2: That as the other 3 children walked in with a church member, the 4th baby was with the adult church member. #3 when she didn't see the infant, she assumed the child was sleeping and not visible because of that. #4 father made same assumption.
My only questions, from the information in the affidavit, is why she didn't see the infant in the vehicle when she got her last load of stuff? And why did she park in a different space?

#2 is a little unclear. The CCTV didn’t observe any church members near the car and the witness, who was inside the church, said he saw the older children enter but made no mention of them being accompanied by a church member.

If that is true then it appears that no one was around to walk with the older kids either. The only thing perfectly clear is no church member went to the car for the baby.

It makes sense since the mother was late that the church members were all inside. IMO it’s a little odd that the mother didn’t notice that and in fact told LE that the older kids went inside with an older member.

Without further clarification it’s hard to say which, if any church members were present. But in either case it doesn’t seem like the mother forgot the baby intentionally; rather she may have been preoccupied with getting herself inside. Is that manslaughter or child neglect?

 

[MsMarple]

Do we know what kind of car/van she drove and where the baby was in the car?

Affidavit says blue Ford Expedition, no year given.

 

[mickey2942]

Just a public service info tidbit, I found out recently that AAA will come out to any car that is locked, for free, you don't need to be a AAA member, and the company will unlock the vehicle for free if there is a person, or pet in the car. It is considered a priority call.

It may not have helped in this case, but it is good information in case keys are locked in the car with a child or pet this summer.

 

[Ontario Mom]

Do we know what kind of car/van she drove and where the baby was in the car?

2nd row, passenger side.

I'm not sure if they mean driver/passenger is 1st row and the baby was in a carseat in the row of seats directly behind, or if that means the row of seats behind those seats. My guess would be, immediately behind the front passenger seat, since it's the most convenient to buckle a baby in a car seat.

Which sort of makes it even worse, since mom states she went to the front passenger seat to retrieve her robe, and she never even noticed baby girl was still in her car seat.

 

[bombardier]

Which sort of makes it even worse, since mom states she went to the front passenger seat to retrieve her robe, and she never even noticed baby girl was still in her car seat.

(clipped by me)
it actually sounds like the mum was perfectly aware that, when she entered the church, the baby was still in the car. for whatever reason, which has not been explained, she assumed another person would take her baby out of the car which was confirmed in her mind when she saw the rest of her children inside the church later. No word on if she actually spoke to anyone and requested the baby be brought inside (no adults were video'd in the parking lot but she could have spoken to someone inside). her other children are no older then 8 so I hope she didn't put that responsibility on her oldest, who has no business messing with a carseat.

 

[al66pine]

NEGLECT ???
************************GoBuckeyes said:*********************
*******What is the definition of criminal negligence? TIA

In the context of this case, general "criminal negligence," however FL statute may define it for other crimes, is not the standard for this alleged crime.

Per PC affidavit* the offense is a violation of FL "Aggravated Manslaughter of a Child," under section 782.07(3),** which refers to "culpable negligence" under a chapter relating to crimes against children. So off we go to "CHAPTER 827" for a definition.***

"827.03(1)(e) “Neglect of a child” means:"
"1. A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
"2. A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
Except as otherwise provided in this section, neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child."

The alleged “neglect of a child” in this case would seem to be quite simple --- Ms. Molme failed to provide baby Fendra w care, specifically SHELTER (i.e., getting the baby out of the car) necessary to maintain the child's physical health, by leaving her alone in car on a day when temps in car would likely cause hypothermia, resulting in serious physical injury or substantial risk of death. Per statute, neglect can be SINGLE incident.

To be clear, I’m not expressing an opinion about merits of prosecution’s case, just saying ^that^ may be the state’s argument. No predictions about a jury verdict.

Welcoming correction re FL. statutes, esp'ly from our legal professionals.
______________________________________
* http://199.241.8.220/ImageView/View...999999999&isRedacted=LOuvMP03xX+shxlv5akAoA==
** Statutes & Constitution :View Statutes : Online Sunshine
*** Statutes & Constitution :View Statutes : Online Sunshine

 

[MyBelle]

2nd row, passenger side.

I'm not sure if they mean driver/passenger is 1st row and the baby was in a carseat in the row of seats directly behind, or if that means the row of seats behind those seats. My guess would be, immediately behind the front passenger seat, since it's the most convenient to buckle a baby in a car seat.

Which sort of makes it even worse, since mom states she went to the front passenger seat to retrieve her robe, and she never even noticed baby girl was still in her car seat.

BBM. If the baby was in a rear-facing car seat in the 2nd row and was asleep, the mother would not have seen her when she opened the front door to retrieve her robe. 2nd row means 2nd row. Our suv has three rows of seats.

JMO

 

[ifindedout]

NEGLECT ???
************************GoBuckeyes said:*********************
*******What is the definition of criminal negligence? TIA

In the context of this case, general "criminal negligence," however FL statute may define it for other crimes, is not the standard for this alleged crime.

Per PC affidavit* the offense is a violation of FL "Aggravated Manslaughter of a Child," under section 782.07(3),** which refers to "culpable negligence" under a chapter relating to crimes against children. So off we go to "CHAPTER 827" for a definition.***

"827.03(1)(e) “Neglect of a child” means:"
"1. A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
"2. A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
Except as otherwise provided in this section, neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child."

The alleged “neglect of a child” in this case would seem to be quite simple --- Ms. Molme failed to provide baby Fendra w care, specifically SHELTER (i.e., getting the baby out of the car) necessary to maintain the child's physical health, by leaving her alone in car on a day when temps in car would likely cause hypothermia, resulting in serious physical injury or substantial risk of death. Per statute, neglect can be SINGLE incident.

IMO, in addition to shelter, these other items described under #1:

• supervision
• nutrition (viz. water)

IANAL MOO

 

[katydid23]

#2 is a little unclear. The CCTV didn’t observe any church members near the car and the witness, who was inside the church, said he saw the older children enter but made no mention of them being accompanied by a church member.

If that is true then it appears that no one was around to walk with the older kids either. The only thing perfectly clear is no church member went to the car for the baby.

It makes sense since the mother was late that the church members were all inside. IMO it’s a little odd that the mother didn’t notice that and in fact told LE that the older kids went inside with an older member.

Without further clarification it’s hard to say which, if any church members were present. But in either case it doesn’t seem like the mother forgot the baby intentionally; rather she may have been preoccupied with getting herself inside. Is that manslaughter or child neglect?

I have to say it is child neglect. She got her things out of the trunk and said she saw the 3 oldest walking inside and thought the baby was with someone already. But she never looked at the baby's car seat to check? She just locked up the car, with the sleeping baby inside and never checked?

And there were apparently no others around them as they were getting out of the car, that could have had the baby. And apparently the baby can not walk yet, so she had to have someone carry her---so who did she think was carrying her at that time?

Very devastating that it was the Haitian Mothers Day celebration. What a horrible coincidence.

 

[Ontario Mom]

BBM. If the baby was in a rear-facing car seat in the 2nd row and was asleep, the mother would not have seen her when she opened the front door to retrieve her robe. 2nd row means 2nd row. Our suv has three rows of seats.

JMO

The AA doesn't mention if the carseat was rear facing, just that it was 2nd row passenger side.
Either way, mom never checked & just assumed someone else had the baby.
Sadly a fatal mistake for the child.

 

[katydid23]

She got the kids ready for church, while her husband was already at church. She was running late and did not get to church until around 10:15-10:20 hours.

She stated J1 ate a good breakfast and fell asleep in the car on the drive to church. When they arrived, the 3 older kids got out of the vehicle as she opened the trunk and began removing her laptop and bible. She then went to the front passenger seat to get her robe.

She observed the 3 older kids walking into church with one of the older church ladies. The defendant stated she believed J1 was with a church member, which was the normal routine every Sunday. The defendant stated she did not hear J1 in the vehicle and believed she was with her other kids and a church member.

At no time did she observe J1 inside the church. The defendant advised she thought J1 was just sleeping and was with one of the church members as was the case every Sunday. At approx 12:45-1300 hours the services ended. While the defendant was greeting members of the church a lady asked her where J1 was. The defendant stated she was with one of the other church members but could not locate her. The defendant immediately ran to the vehicle and observed Ji in the car seat located in the second row-passenger side. The defendant pulled the car seat our of the vehicle and picked J1 up. She observed her to be unresponsive and limp, as her head fell backwards. She ran inside with J1 and called 911.

http://199.241.8.220/ImageView/ViewImage.aspx?barcodeid=HCvPKT9OaqLYgj2avBvbxw==&theKey=JxcuT/Lorw0bSWZVDLeu/w==&theIV=UGxDS2V5V1NQbENLZXlXUw==&uid=999999999&isRedacted=LOuvMP03xX+shxlv5akAoA==

 

[katydid23]

"When they arrived, the 3 older kids got out of the vehicle as she opened the trunk and began removing her laptop and bible. She then went to the front passenger seat to get her robe.

She observed the 3 older kids walking into church with one of the older church ladies. The defendant stated she believed J1 was with a church member, which was the normal routine every Sunday."

Here is where things are a little muddled for me:

"The 3 older kids got out of the vehicle as she opened the trunk and began removing her laptop and bible"

They are 2, 5 and 8. So I assume the oldest had to help the 2 yr old get out of her seat?
It just seems odd the older ones wouldn't remember to get the baby out too, or remind mom. 5 and 8 year olds are very observant and protective of littler siblings.

" She then went to the front passenger seat to get her robe. "

"She observed the 3 older kids walking into church with one of the older church ladies."

So there was no communication between her and the 3 other kids, before they walked away? No one mentioned the baby?
I really think the older ones would know the baby was still in the car when they walked off. It seems weird. Did they assume Mom was getting the baby out?


The defendant stated she believed J1 was with a church member, which was the normal routine every Sunday."

But how did she think the church member got the child, if she wasn't there at the car? I get the impression that mom was frazzled by being late and was distracted as she was grabbing her things for work. She saw the oldest 3 walking inside and was planning to get the usual babysitter to retrieve the baby but then just assumed it would happen like usual?

 

[MyBelle]

The AA doesn't mention if the carseat was rear facing, just that it was 2nd row passenger side.
Either way, mom never checked & just assumed someone else had the baby.
Sadly a fatal mistake for the child.

Florida law requires rear-facing car seats for children under 1 yo. The baby was 11 months old. The car may also have had tinted windows. All hot car deaths are very sad.

JMO

 

[browneyes]

These cases infuriate me. If the mom opened any doors to the car, she would see the car seat. I also don’t believe the 8 year old didn‘t mention to mom that the baby was still in the car.

 

[al66pine]

Car Seats?

Florida law requires rear-facing car seats for children under 1 yo. The baby was 11 months old. The car may also have had tinted windows. All hot car deaths are very sad. JMO

@MyBelle Good point about specifics of FL law car seat requirements.

Question: Did car seat for 11 mo. baby in this Ford Expedition comply w FL. law for rear facing seat for passenger under age 1 yr? IDK. What about car /booster seats for the other kids? IDK.
Esp'ly in light of family having two vehicles. May have been clumsy for parents to arrange/rearrange the car /booster seats, unless, say, all full-family excursions were done in Ford Expedition w all car/booster seats staying in place there. IDK.
Or maybe Father's vehicle had full, duplicate set of car /booster seats. IDK.

As posted^, car may have tinted windows. Hard to say how much was visible. IDK.

Agreeing 100% w post: All hot car deaths are very sad. That I do know.

 

[katydid23]

"When they arrived, the 3 older kids got out of the vehicle as she opened the trunk and began removing her laptop and bible. She then went to the front passenger seat to get her robe.

She observed the 3 older kids walking into church with one of the older church ladies. The defendant stated she believed J1 was with a church member, which was the normal routine every Sunday."

Here is where things are a little muddled for me:

"The 3 older kids got out of the vehicle as she opened the trunk and began removing her laptop and bible"

They are 2, 5 and 8. So I assume the oldest had to help the 2 yr old get out of her seat?
It just seems odd the older ones wouldn't remember to get the baby out too, or remind mom. 5 and 8 year olds are very observant and protective of littler siblings.

" She then went to the front passenger seat to get her robe. "

"She observed the 3 older kids walking into church with one of the older church ladies."

So there was no communication between her and the 3 other kids, before they walked away? No one mentioned the baby?
I really think the older ones would know the baby was still in the car when they walked off. It seems weird. Did they assume Mom was getting the baby out?


The defendant stated she believed J1 was with a church member, which was the normal routine every Sunday."

But how did she think the church member got the child, if she wasn't there at the car? I get the impression that mom was frazzled by being late and was distracted as she was grabbing her things for work. She saw the oldest 3 walking inside and was planning to get the usual babysitter to retrieve the baby but then just assumed it would happen like usual?

The defendant immediately ran to the vehicle and observed Ji in the car seat located in the second row-passenger side. The defendant pulled the car seat our of the vehicle and picked J1 up. She observed her to be unresponsive and limp, as her head fell backwards.

This one sentence seems odd : The defendant pulled the car seat out of the vehicle and picked J1 up.

She pulled the whole car seat out of the vehicle? If it was buckled in correctly, that would have taken quite awhile, wouldn't it? It would be much faster to take the baby out of the strapped in car seat. Maybe the seat wasn't fully strapped onto the seat?

 

[Charlot123]

Every darn year there about 48 cases of "forgotten baby syndrome" in the country. The two years that the numbers were down by half fell on COVID. I used to think that FBS is linked to ADD and, indeed, a change in the routine on that day, but the second explanation I am now seriously considering is "stoned out of their mind", sorry.

 

[Charlot123]

I just cannot believe this was just an accident.

There was a similar thing that happened around here some years back. Don't remember all the details except that dad was not normally the one who dropped the child off at daycare, mom was. But he just "forgot" It was not discovered until he got off work... all day! I think he ended up in prison, and I recall him crying in court.

That situation was more explainable. A young couple, 24 y.o. or so, two young kids, both parents are working to make ends meet, two cars, the husband usually drives the older child to the daycare and the mother, the younger one. That day, the car broke down and driving all family members became dad's responsibility. It was a huge change in his routine, and probably, the dad suffered from undiagnosed ADD. He was crying. I felt very sorry for him.

 

[neesaki]

She got the kids ready for church, while her husband was already at church. She was running late and did not get to church until around 10:15-10:20 hours.

She stated J1 ate a good breakfast and fell asleep in the car on the drive to church. When they arrived, the 3 older kids got out of the vehicle as she opened the trunk and began removing her laptop and bible. She then went to the front passenger seat to get her robe.

She observed the 3 older kids walking into church with one of the older church ladies. The defendant stated she believed J1 was with a church member, which was the normal routine every Sunday. The defendant stated she did not hear J1 in the vehicle and believed she was with her other kids and a church member.

At no time did she observe J1 inside the church. The defendant advised she thought J1 was just sleeping and was with one of the church members as was the case every Sunday. At approx 12:45-1300 hours the services ended. While the defendant was greeting members of the church a lady asked her where J1 was. The defendant stated she was with one of the other church members but could not locate her. The defendant immediately ran to the vehicle and observed Ji in the car seat located in the second row-passenger side. The defendant pulled the car seat our of the vehicle and picked J1 up. She observed her to be unresponsive and limp, as her head fell backwards. She ran inside with J1 and called 911.

http://199.241.8.220/ImageView/ViewImage.aspx?barcodeid=HCvPKT9OaqLYgj2avBvbxw==&theKey=JxcuT/Lorw0bSWZVDLeu/w==&theIV=UGxDS2V5V1NQbENLZXlXUw==&uid=999999999&isRedacted=LOuvMP03xX+shxlv5akAoA==

According to the affidavit, the defendant’s statement doesn’t line up with the video evidence.

“Video evidence was collected from Malabar Discount Beverage which showed the defendant arrived in the vehicle at 1021 hours . The video shows the three older kids enter the church. At no time does a church member or other adult approach the vehicle to assist the defendant with the children. “

According to The defendant’s sworn statement:
…..she observed the three older children walking into the church with one of the older church ladies.

 

[imstilla.grandma]

We haven’t even hit the hottest months this summer, but 7 children have already lost their lives in hot cars in 2023, according to Kids and Car Safety.

These medics closed themselves into a parked car to see how the heat affected the body.

“Its crazy because initially it wasn’t bad but 3 minutes in you are like, its pretty hot,” said Brian Kynaston, Firefighter/Paramedic.

In about 4 minutes, his blood pressure came down a few points and his heart rate went up 10-15 beats in a minute.

“So definitely its taken a toll on his body,” said a fellow firefighter who was monitoring Kynaston’s vitals.

After 10 minutes, the firefighter’s temperature rose to 107 degrees. For reference, the body’s internal organs start to shut down at 104 degrees.

Now imagine if a child or pet was left inside the hot car. A child left alone in a car can overheat five times faster than an adult. And so you know, the interior temperature can rise 20 degrees within 10 minutes, even with the window cracked.

Demo shows how the body is affected when trapped inside a hot car

TEXAS (KIAH) – The heat in southeast Texas is intense, but inside a car it can be deadly. Nearly 40 children a year die from heatstroke, either because they were left or became trapped inside…

www.ktsm.com