No charges for mother in hot car death

Discussion in 'Up to the Minute' started by Taximom, Sep 5, 2007.

  1. Taximom

    Taximom Former Member

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    http://www.newsnet5.com/news/14047322/detail.html
    (video of her in and out of her SUV)

    BATAVIA, Ohio -- A mother who left her 2-year-old daughter in a hot car for more than eight hours will not face criminal charges.

    The Clermont County Prosecutor's Office said that Brenda Nesselroad-Slaby left her daughter Cecelia in her sport utility vehicle Aug. 23 at Glen Este Middle School.

    The prosecutor's office said Tuesday that the girl's death was an accident, and no charges would be filed.

    Leaving the child in the car for the work day was "a substantial lapse of due care" but did not meet the definition of reckless conduct necessary for prosecution, said Clermont County Prosecutor Don White.

    Her attorney, R. Scott Croswell III, has said that Nesselroad-Slaby became distracted from her normal routine of dropping Cecilia at a baby-sitter's house because she stopped to buy doughnuts for a faculty meeting, then forgot about the girl when she unloaded the doughnuts from the back of the vehicle. (more at link)

    I can't believe how many times she was in and out of her SUV and never noticed her 2 yr old in the back. :(
     
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  3. southcitymom

    southcitymom New Member

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    That's an interesting article and I am glad they went into some detail concerning the lack of charges. I am grateful that this mother is not going to jail.

    Also - an interesting part of the article:

    "A July analysis by The Associated Press showed around 340 heat-related deaths of children trapped inside vehicles in the past 10 years, and a wide range of prosecutions and penalties.

    Charges were filed in just less than half the deaths. Of those that had been decided, 81 percent resulted in convictions or guilty pleas, and half of those brought jail sentences."

    It seems like we read about these types of deaths every spring/summer and it was interesting to see that some facts had been gathered about the number of cases.
     
  4. AmandaBrown23

    AmandaBrown23 Im just living among all the madness

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    Yeah well this will just give way to more people using this excuse and getting away with it.
     
  5. Taximom

    Taximom Former Member

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    I just don't know how you can sit at work and not think of your child. This isn't a case of "I thought my husband dropped her off." I can probably understand that.

    This is a case of her stopping to get doughnuts and forgetting to drop her child off. Maybe I was annoying, but I can remember calling my sitter regularly to see how my daughter was doing when she was there.
     
  6. SewingDeb

    SewingDeb "Sorry, I'm not qualified to land the plane."

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    Isn't this the case where they have video showing the mother moving the SUV all day? Why was she doing that? Trying to find shade for her baby?
     
  7. AmandaBrown23

    AmandaBrown23 Im just living among all the madness

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    Taximom, me too Im so worried about her all the time. I could never imagine forgetting her being with me, plus that she is never quiet enough for me to forget her.
     
  8. Peter Hamilton

    Peter Hamilton New Member

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    yep, there is no excuse for this--She should have been charged
     
  9. Taximom

    Taximom Former Member

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    There was video of her dropping off the doughnuts where she was parked in a "no parking zone". She moved her SUV minutes later supposedly to the cafeteria, and then finally to a parking spot. The 2 yr old must have been asleep. :confused:
     
  10. AmandaBrown23

    AmandaBrown23 Im just living among all the madness

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    I wondered about this but if it was really early why would she be asleep? She would have just woken up right? Unless the mother woke her up very early in the morning which would mean she may have been sleepy. I dont know, this whole thing just makes me so sad.
     
  11. jubie

    jubie Former Member

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    My kids are so much a part of me that forgetting them in a car would have been like forgetting to get myself out of the car... :doh:

    Cars have those pesky tones to let you know you're forgetting your keys or your lights are on, surely the auto industry can come up with something to stop these horrible deaths.


    Jubie
     
  12. Amraann

    Amraann Former Member

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    They do have cars that have a sensor if it detects movement in the car after the keys are removed..

    Remember a couple of weeks ago the one father forgot his child in his car and kept turning off the alarm via key remote?
     
  13. Taximom

    Taximom Former Member

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    I am about to spit nails:
    http://www.newsnet5.com/news/14047414/detail.html
    Report Says Mom Left Toddler In Car Before

    BATAVIA, Ohio -- A police report indicates that an Ohio woman had left her 2-year-old daughter alone in a car on previous occasions prior to the girl's death, reported WLWT-TV in Cincinnati.

    Brenda Nesselroad-Slaby will not face criminal charges for leaving her daughter Cecelia Slaby in a hot sport-utility vehicle Aug. 23 for more than eight hours, the Clermont County prosecutor's office said.

    The Union Township police report on the girl's death said that Nesselroad-Slaby left the girl in a car on "numerous occasions," including at least once in the week prior to the girl's death.
    ---
    The report indicates that investigators were pushing for a child endangerment charge.

    Prosecutor Don White said Tuesday that he would not prosecute Nesselroad-Slaby in the girl's death, saying it was an accident.
    Union Township police said they believe Nesselroad-Slaby should have been charged with child endangerment.

    White said that from numerous comments from the public that his office has received, people are about evenly split regarding possible prosecution.

    "However, unlike most elected officials, judges and prosecutors should not, and by law cannot, make their decisions based on popular or public opinion," White said. "Judges and prosecutors are bound by the law."
    ---
    Nesselroad-Slaby has been on paid leave since her daughter's death. There was no answer at her home phone after the prosecutor's decision was announced.
    Union Township police said they believe Nesselroad-Slaby should have been charged with child endangerment.

    White said that from numerous comments from the public that his office has received, people are about evenly split regarding possible prosecution.

    "However, unlike most elected officials, judges and prosecutors should not, and by law cannot, make their decisions based on popular or public opinion," White said. "Judges and prosecutors are bound by the law."

    Nesselroad-Slaby has been on paid leave since her daughter's death. There was no answer at her home phone after the prosecutor's decision was announced. (more at link)


    :furious:
     
  14. southcitymom

    southcitymom New Member

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    Hi Taxi,

    That link brings up a different story than the one you quoted!
     
  15. Dark Knight

    Dark Knight New Member

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    Unreal.....
     
  16. southcitymom

    southcitymom New Member

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    Here is the link I found for this story:

    http://www.wpbf.com/news/14047414/detail.html?rss=wpb&psp=nationalnews

    I am very surprised that this woman was not charged with anything if she had a history of leaving this young child in the car unattended. I wonder what laws the prosecutor is bound by that a case couldn't be made in this matter?

    My opinion of her actions has definitely changed now that I see she had done this prior. And returning to the car 5 times throughout the day seems awfully fishy to me.
     
  17. Taximom

    Taximom Former Member

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    Thanks, SCM. I searched for that same article and this is the link that comes up. I think I'm going crazy.

    http://www.newsnet5.com/news/14047414/detail.html
     
  18. Angie4b1g

    Angie4b1g New Member

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    Good thing she didn't leave the doughnuts in the car!
     
  19. AmandaBrown23

    AmandaBrown23 Im just living among all the madness

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    How the hell is it an accident if they know its a repeated offense!!!!!!!! Im so mad right now its ridiculous.
     
  20. Amraann

    Amraann Former Member

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    If something you do is neglectful and causes the death of your child then there are charges that can be brought against a person.

    Being that she has done this several times and did not take any action to correct her behavior .... how is it anything less then criminal??

    If I forget to water my dog and the dog dies then charges could/would and should be brought against me..
    If I have a child he needs medication and I forget repeatedly to give my child their medication and do nothing to correct that and my child dies then it is criminal!

    How is this any different?
    I can understand forgetting its your turn to bring in the class snack for the week or maybe you forget to send in your child's lunch money one day.
    Forgetting to stop and pick up a loaf of bread... the list could go on ..
    But ultimately none of those little mistakes will cause someone to die.

    This fruit loop put her child IN the car then proceeded to get out and get back in several times and never thought of her baby in the car???
    IMO this tells me she was one of those mom's who made it a habit to run in and buy donuts or to pay for gas while habitually leaving the child in the car.
     
  21. Bellgardin

    Bellgardin Inactive

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    I live in this area and I am really upset about this. I was upset before, but now to find out that she also left her child in the car on August 21st AND the 22nd, it just put me over the top! On August 22nd here it was 100 degrees!!!

    Not to mention, her daughter was on the driver's side in the backseat and she walked right past that door in the surveillance video!!

    She clearly has a pattern of irresponsible and negligent behavior in regards to her children. Even if she doesn't get jail time, she needs to be charged with SOMETHING!!!!!!!
     

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