Strollerderby

Should These Parents Be Charged With Murder?

Posted by Madeline Holler

More than once, while driving around completely alone in my car, I've had the sudden and shocking feeling that I forgot one of my children somewhere. The feeling is quick -- over in an instant. But it still leaves me a little stunned. And I can't help but think very purposefully, OK, where's that one. And her sister. And, wait, who has the baby? Oh, right. Check, check, annnnd check.

So when I hear stories about parents who have accidentally forgotten their children in the back seat of the car -- long enough for the child to overheat and die -- I have never once though oh, that could never happen to me. I've also never thought that parent committed a crime -- murder even.

But knocking around there somewhere in my brain is the thought that somehow the parent should have known he or she was way overextended and maybe, like me in the car, should have done a mental inventory, should have known this was a possibilty. Looks like I'm not alone.

Some prosecutors take it a step further and charge the parents with manslaughter or murder. So while they grieve over the most unforgiving mistake they'll ever make, they're also fighting to keep themselves out of jail.

The Washington Post's Gene Weingarten writes a very detailed piece, "Fatal Distraction," about a dozen or so cases of a child who was unintentionally left in the car to die. His story, which is very emotional -- line up a box of Kleenex before you sit down to read it, gives details of some of the more recent cases. Like how it's even possible to forget a child in a car. Why one parent might be charged with a crime and another the next county over might not.

And what, exactly, happened that day and how did these people react when they realized what they had done. The alignment of events that led to such a tragic oversight will sound frighteningly familiar when you read them. And might make how you feel about these parents change.

One couple lost their only child, a boy they had adopted from Russia. Miles Harrison (pictured above) was charged with the boy's death. He was also held up in Russia as the poster adoptive parent and why the country should shut down adoptions from the U.S. They won't likely be allowed to adopt again.

Another mother still drives the car that her child died in. 

Plenty have contemplated suicide.

Child death due to hyperthermia -- overheating -- in the car happens 15 to 25 times a year, the bulk of the deaths between spring and fall. Some are indeed the result of real negligence -- a parent who uses the car as a daycare, for example. How close have you come to this happening to you?

Weingarten's story ends on a hopeful note, which I won't spoil for you here. But suffice it to say, these parents share an understanding of a situation and they help each other through it -- sometimes in unimaginably joyful ways.

So how have you reacted when you hear these stories? Are these parents criminally negligent? Murderers? 

Photo: Washington Post


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Comments

 

JeanneSager said:

I think it all should come down to the amount of time. If you forget your kid for 5, 10 even 15 minutes vs. 12 hours . . .

March 8, 2009 2:50 PM
 

Twyla said:

I did not read the post piece but I don't think this is an easy one to figure out. I don't know how I feel. I agree with JeanneSager that time is a factor.

I have not come close to this happening to me. I have four kids and I am constantly doing a head count to see where they are. I have had other scary things happen with my kids but not this particular incident.

March 8, 2009 3:04 PM
 

Missy said:

I did read the article and it changed my opinion. Before this, I was firmly in the camp of "how much time was the child in the car?" I'm now exclusively in the camp of "what was the intent?"

How you determine intent must be extremely difficult for the prosecution, but I don't see any other way because to convict a grieving parent for a mistake, an all too human mistake, seems to only add to the misery, not prevent future deaths. Obviously, I have little mercy for those that use cars as a babysitter while they run errands, shop or work. I'm speaking here of those who truly forget or have the "perfect storm" of parenting stressors swirling around them leading up to the incident (far too trivial a word, I know, as I said, I read the article).

Ultimately, public awareness is the best defense. I now think, "There but for the grace of God go I" for my children are far too old for this to be a realistic concern, but I will absolutely pass this article on to all my soon-to-be a new parent friends.

Great article. Thanks for posting it. I read it earlier today and have thought about it non-stop.  

March 8, 2009 4:58 PM
 

diera said:

I don't think length of time should matter.  As they point out in the article, the thing is that the parents involved invariably think that they've dropped their children off somewhere safe.  They don't genuinely "forget" their child for 12 whole hours; they forget them for a critical fifteen minutes (the time when they would be dropping them off) and then the rest of the time they think of them the way we all think of our kids when we're away from them - in passing, thinking they're OK.

I agree that the decision to prosecute should be based on intent.  Anyone who intentionally leaves a young child alone in a car to die (whether or not death was the intent) should be prosecuted to the fullest extent of the law.  People who do it by mistake shouldn't be prosecuted.  It's a tragic, horrible, fatal mistake - but still a *mistake*.  You're not going to keep other people from making the same mistake by prosecuting because, honestly, if you're a loving parent what punishment could be worse than knowing you'd let your child die?  

The sad truth is that our brains aren't perfect, and it simply isn't true that if your child is important to you that you could never forget him or her.  I think the only remedies are better technology and public awareness.  Personally, I've cultivated some habits such as leaving the things I need to take to work in the back of the car with the kids to help lessen the potential of this happening.

March 8, 2009 6:46 PM
 

g8grl said:

Every spring/summer I dread hearing these stories.  They tend to stay with me for days.  I have often feared that I could make this fatal mistake.  I often get distracted and will forget the exact thing that was most prominent in my mind (like rinsing shampoo out of my hair or putting money in the meter).  I have friends who have told me "that would never happen to me" or "you could never do that"...well from their lips to God's ears.  I haven't been able to read the article because it's just too heartwrenching to think about.  

March 8, 2009 7:05 PM
 

dhsredhead said:

No, I still can't imagine this happening to me, even after reading these stories. In times when our family has had these types of challenges we have another family member watch our daughter. I don't get the calm feeling of dropping my daughter off at the babysitters. I can't wait until I am on lunch or there is an opportunity to call and check on her. Basically if my daughter isn't with-in a few feet of me, I am freaking out and on edge. I wonder though if I am different from many of these parents because my daughter and I share lots of physical space. From the day she was born she has slept either in my bed or beside it, has been carried around in a baby carrier, has breastfed, her toys are in our living room. Even if I know she is safe and sound I feel odd without her presence, going back to the whole primitive brain theory it is autopilot at this point for me to have my daughter with me at all times. Like putting on a wedding ring in the morning and checking to make sure it is there through out the day, feeling lost if it is not there for some reason. Our society places a very high value on parents being separate from their children, to a great deal parents ignoring the needs of their children. Maybe that its why it is so easy for so many people to forget about their child. From the day they are born many parents push them aside, to the bouncy chair or the crib. If your constantly ignoring the needs of your child to answer a cell phone call, maybe it is easy to be one of these parents.

March 8, 2009 7:11 PM
 

Daisy said:

I read the original article when this father was being prosecuted for leaving his child in the car. It was not favorable toward the father and I remember thinking harsh things about him. But after reading Weingarten's article I have a very different opinion of this man and the many people this has happened to. While my job is to be with my children 24-7, I would hope that I wouldn't forget them in the car for any length of time at all. They are the first ones out after me. However, many of these people were either not used to dropping their children off at daycare because their spouse usually did that or had added in an extra stop one day.

I believe that society has made it easy to forget our children by adding in too many other distractions to our lives and making multitasking a necessity rather than something that is occasionally done. Parenting is hard enough without work and other distractions cutting into private lives.

March 8, 2009 7:51 PM
 

Alice said:

Many time chidren adopted from Russia and other countries have behavior issues.  RAD, Reactive Atachment Disorder, can be horrible to deal with and the prognosis is grim.  Since that child was adopted from Russia it makes me really suspect the parents of euthanizing that child.  It would not be the first time a parent killed a child they adopted that did not turn out to be the perfect child.  

March 8, 2009 9:03 PM
 

Shannon LC Cate said:

Ah Alice!  Thanks for remembering to insert the killer adoptive parent stereotype into the discussion.  Without it, the conversation would really be lacking.

My answer about prosecution is that I have nothing but compassion for the parents in this story.  I don't know how they go on putting one foot in front of the other every day.  That's the part I find impossible to imagine.

March 8, 2009 11:24 PM
 

Vicki said:

I can well imagine this happening - a moment of inattention leading to unimaginable tragedy.  I had a similar experience when my daughter was about 8 months old and I was a zombie from sleep deprivation due to continued night wakings.  I was driving down the road, daughter in her car seat, my parents in the car with me (they were visiting from out of town).  I clearly remember my Dad saying "Stop. Stop!!".  I had sailed right through a red light without even realizing it.  Well, the stars aligned for me and no accident ensued.  It could have been much worse - I could have killed my precious daughter, I could have killed my parents, or even some stranger's child in another car.  So I won't judge another parent harshly for a moment of inattention.  I know I wouldn't have been able to live with myself if things had worked out differently.

March 8, 2009 11:59 PM
 

GiantPanda said:

Oh Lord... glad I had the kleenex ready before reading that article. I really think these poor parents deserve nothing but compassion. I'm going to go home and give my son a big hug and tell him how much I love him.

March 9, 2009 2:46 AM
 

Casey said:

I know I'm going to really make some people mad but there should really be some clarity. Legally speaking the definition of manslaughter is "the unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm)".... Which means forgetting someone and it resulting in their death is actually manslaughter. Also, in cases like these, where they forgot could be negligent homicide in some states. Seriously I'm not trying to upset anyone but the language of laws aren't based off emotions but rather intent. Trying to kill your child by leaving them in the car is homicide while forgetting your child and that resulting in death is manslaughter.

March 9, 2009 9:05 AM
 

KellyK said:

I can't imagine this happening.  We all have moments of distraction as Vicki said...I have and still have and will continue to have sleep deprivation and sheer exhaustion...there will be moments when I am driving and not paying the absolute best attention or walking a little too far away from the buggy at Target...but I still and may never be able to imagine putting my child in the car and not taking them out.  I just simply do not get how that could happen.  

March 9, 2009 10:20 AM
 

gpgirl said:

I think these kinds of things happen most often when a typical routine is changed. I remember reading about a dad who always took his older kids to school, then had to start taking the baby to day care also. Shortly after that, he forgot about the baby and left him in the car. How many of us get in the car to drive to work, end up at work automatically without actually thinking about every turn we need to make?

I would never judge these people, I feel so sorry for them. I am a stay-at-home mom, so yes, I can't imagine leaving my child in the car because he is always with me. However, that does not mean that I can't understand how it could happen to someone in another situation.

Alice, that is a really strong accusation. It took me a while to realize that you were actually serious. I know people who have adopted from Eastern Europe and, yes, there are major challenges with some of the children. However, these are people who went out of the way to adopt these kids.

March 9, 2009 12:53 PM
 

Gary said:

What a powerful, powerful story. So tragic. It breaks my heart to hear about these cases where people have accidentally killed their child. I don't know if I would have the strength to go on if it happened to me.

March 9, 2009 2:28 PM
 

Mamallama said:

We are all human and we make mistakes.  Outside pressures or stress will always influence us to a certain degree.  We need compassion now, more than ever.

Alice, I really found your post difficult to read.  I have found that adoptive parents are extrememly attentive as they many have worked hard to get the child(ren) that they really wanted.  It was a flippant and hurtful remark.  

March 9, 2009 3:35 PM
 

Greer's Mum said:

In the past I have been of the opinion, you have to be nuts to forget your kid is in the car with you. Then I read this article, my heart broke and my stomach churned. I cannot imagine the pain that these people go through. I'm now on the side of intent. There but for the grace of God go all of us. Attachment disorder or not, it was very obvious that man loved his son with all his heart. His whole being is destroyed. Accusing him of doing it on purpose, seems a little grassy knoll to me....

March 9, 2009 5:03 PM
 

pb said:

Casey,

Read that manslaughter statute once more:

"the unlawful killing of another without intent to kill; <b>either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm)</b>"

The act of forgetting a child in the car fits neither the voluntary nor the involuntary criteria. The parent did not kill the child "upon a sudden impulse," nor is forgetting a child "an unlawful act."

The prosecutors may have argued that the act of forgetting constituted neglect (which is where testimony about the parents' past behavior comes in), but it is not nearly as easy a call as you make it out to be.

March 9, 2009 9:17 PM
 

Sandra said:

These stories always haunt me because I feel like everyone lets themselves get way too busy and distracted nowadays.  I did not realize the total number of childrean was as high as that.  I am surprised that no one has started a safety campaign similar to "back to sleep" to give parents a cue to check the car seat before they leave the car (Like put something else in the seat, or rebuckle the belts. Something that you do every time to check that you're not leaving the child behind).  The one teacher in Texas (I think) is the one that really sticks with me.  

March 10, 2009 12:46 PM
 

Des said:

I think I would kill myself if I did this. I know I would sink into a deep depression, I don't know how I would live.

March 15, 2009 6:59 PM

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