Baby dies due to car accident, mother facing possible charges…
It should first be made clear that it has not been determined if Isha Alrashed would have survived the car crash that Fox first reported on Friday and is being covered in other media sources had she been in a child seat. Yet it is clear that the three week old infant was not in a car seat at the time and neither was a two year old sibling.
According to a witness, who helped out moments after the crash, he said the baby was being held by a woman in the minivan and was not strapped into a car seat.
An OHP investigation revealed both children were not restrained in child safety seats at the time of the accident. The newborn baby, Isha, was being held by Alsenariwere, who was in the front seat passenger seat.
A child car seat was found inside the minivan by state troopers, but neither child were in it at the time of the crash.
Given the huge amount of discussion that involved the mother who forgot her child in her car that died who was not charged, I wondered if some of those who felt that particular mother should not face charges felt the same about this situation. Personally, I think given it is a law that a child is supposed to be in a child seat there should be charges filed, it’s troubling to see so many irresponsible parents out there that don’t have young children/toddlers in some sort of car seat. Parents should however want to do this to ensure their child’s safety without a law requiring them to have their child in a car seat, it’s reported that 57% of deaths for children 0-15 were because the child was unrestrained.
Back in 1991, a father was charged with homicide for not placing his three year old daughter in a child seat which was the law in Florida at the time as well. He was cleared of the charges:
In issuing the ruling, Judge Shapiro rejected the state’s case on two grounds: that Mr. Rodriguez had not been reckless, even if he had caused the accident; and that his violation of the child-restraint law and his traffic infraction, both misdemeanors, could not be added together to prove a felony charge of vehicular homicide.
“This court concludes that the defendant’s actions do not rise to the level of reckless,” Judge Shapiro said. Had the father been driving recklessly, which Florida law defines as “a willful or wanton disregard for the safety of persons or property,” he would have been guilty of vehicular homicide, the judge said
It appears there have been other scenarios where parents have been charged or not charged for vehicular homicide or homicide or involuntary manslaughter when a child dies as the result of not being in a car seat but not many convictions. One conviction that I found in researching was a bit different since the jury was convinced the father was attempting to kill himself and his children.
Another example of parental neglect. Another child dead becasue parents are stupid. Yes, she should be charged and found guilty of willfully killing this child. While it may not have been her intent, by failing to secure the child, there was little hope of survival in a crash. EVERYONE knows this law and EVERYONE knows what happens to small children in a auto crash.
I see it all to often, driving around I see small children on laps, hanging out car/van windows, standing up in the back seat etc. It’s just stupid!
October 8th, 2007 at 8:54 amYep. No excuse. Child seat laws exist for a reason.
October 8th, 2007 at 9:13 amI think the thing that bothers me the most about this accident is the fact that if you’ve seen any of the pictures, it wasn’t that bad of an accident. If this baby had been in her car seat, I have no doubt she’d still be alive! I remember when my children were infants, I remember my mom being with us in the car and they were screaming their heads off. There were a few times that my mom suggested that she could get in the back seat with them and get them out of their car seats to quiet them down, but I never let her because of my fear of something like this happening.
I do think that some sort of charges need to be filed against this mother. She willfully broke the law and it resulted in the death of her child!
October 8th, 2007 at 9:15 amShould charges be filed? YES will they? NO
Why? Because our stupid ” LAWS” over look these horrible facts remember when it’s all said and done people will say ” IT WAS JUST AN ACCIDENT” Though this woman NEGLIGENTLY let someone hold on to her child instead of putting this child in a car seat. She is lucky the other two children are alive. People drive reckless and careless use NO common sense. What should be done is her license taken away for good. That goes for anyone that has ever killed anyone on our roads!
Now on the flip side of this as a parent I know I would be in my own jail for the rest of my life knowing I could of prevented my child’s death!
October 8th, 2007 at 9:40 amHere let me quarterback this, The mom will be charged but they won’t stick because she has already had to deal with the loss of a child so charging her with something else will only make matters worse. I say charge her, let the world see the outcome of parents who don’t follow the law and have other parents who are currently doing this change their habits – or this may be one of those “moments” where she won’t be charged just like the woman who “forgot” her kid in the car all day long and the child died of heat. The law is the law but once emotions come in to play the law is now an ordinance where it’s there but no one follows it. Completely insane but seen daily.
October 8th, 2007 at 11:13 amI’ve been out of the mommy business so long, I forget how you transport an infant. The reports say “seat” but a three-week-old baby can’t sit up, can it? Is it more like a bed that straps in?
Whenever I see a motorist with kids roaming free in the car, obviously not restrained, I get the plate number and call 911. Not only are the parents putting their kids at risk during that ride, they’re training the kids to blow off safety measures as they get older.
October 8th, 2007 at 12:22 pmThis is an unimaginable tragedy for everyone. Think about what the bus driver must be going through too. The adults in this car are 100% responsible for these children and therefore they are 100% responsible for the death of the infant. I think the behavior that lead to this tragedy goes back so much farther than the day of the accident. If these adults could somehow rationalize not not using the baby seats on this day, it’s almost certain that they have excercised this type of irresponsibility in the past, probably going back to the moment of conception. There is no law against being an idiot, just laws against the consequences of being an idiot. By that time, the damage is done.
Don’t be an idiot. Take the time to do the right thing. Educate yourself, educate you kids, and insulate them from the influences of the idiots of our world. Responsibility is a choice.
October 8th, 2007 at 1:13 pmVery true VOR and the fact that there was reportedly only one car seat that there was no intention to have one of the children in a car seat when they left home.
Lily, most car seats for small infants are like baby seats with straps that semi recline. Most parents use an additional type of seat insert with an infant that small to lessen a young infants head from leaning too far to the side. Most of the newer models for small infants act as a baby seat where you can remove the seat from the base and carry the seat with you using the handle when you go into the store, house, etc.
The one just purchased for my son and his wife the seat unit can be a car seat and also snapped into the base of a stroller. They are typically designed for infants up to 20 pounds then a different seat is used though there are also seats that are designed to go from infant to the toddler stage as well on the market.
October 8th, 2007 at 1:22 pmThis is a negligent homicide. Car accident, no alcohol or reckless driving, no history (as far as we know today) of reckless driving, its a traffic crash caused by general negligence.
Someone died in the accident, thus, negligent homicide. A misdemeanor. Tragic? Yes? Driver/Mother responsible? Yes? Should have, and likely DID KNOW BETTER? Yes. But, felonious? No.
Cases such as this, which pitch parental responsibility and rights, YES RIGHTS, against laws which protect children, strain my Libertarian principles. As do all laws which infringe on liberty for the sake of the public good, and in this case increase child safety.
Seat belt, smoking, helmet, and myriad of other laws all infringe on liberty. It is not the government’s job to protect me from myself. BUT, where is the line between government protecting the innocent, i.e. the child, from their parents who have a FUNDAMENTAL RIGHT to raise their children, and are the persons PRIMARILY RESPONSIBLE for their safety, drawn? I don’t know for certain.
Criminal charges — likely given the publicity. Max penalty – 6 months in jail. Likely prosecuted, no, for all the reasons expressed in previous posts. Will this mother carry this burden for ever? Certainly. Will she, and should we all learn from this. Hopefully.
The A-Hole.
October 8th, 2007 at 4:37 pmI seriously wonder if A-Hole lawyer really is a lawyer. If he was, he’d know that this isn’t negligent homicide. Negligent homicide, under R.C. 2903.05, requires the negligent use of a deadly weapon or dangerous ordinance (an explosive substance.)
Reckless homicide, R.C. 2903.041, on the other hand, could be an applicable charge. It states simply, “No person shall recklessly cause the death of another.” It’s a felony in the third degree, punishable by one to five years in prison. However, a prison sentence is not presumed.
Amazingly, evidence that the driver failed to secure a child in a safety seat cannot be used as evidence for prosecution for any other crime other than the seat belt/child seat offense under R.C. 4513.263(F)(1). So proving recklessness would be difficult since they couldn’t use the seat belt violation as evidence of the recklessness.
Another likely charge is child endangerment, but that’s a misdemeanor in the first degree with a maximum sentence of six months in jail, or given the serious harm (death) to the child, a felony of the third degree. Again, though, the State would have to prove an act beyond the mere child seat violation to prove child endangerment.
October 8th, 2007 at 5:13 pmAs far as I’m concerned a child’s right to life far exceeds a child’s parents’ right to raise said child under their personal discretion simple due to the fact that anyone with the proper set of anatomical parts can create a baby.
October 8th, 2007 at 9:44 pmThe mother was driving? I was told not to drive for 6 weeks after having a baby.
This is awful, just awful and avoidable.
October 8th, 2007 at 9:59 pmI watched on Fox tonight that the Sylvania Court system is considering charges.
Both WTOL and NBC24 have stories on car seat safety.
October 9th, 2007 at 1:51 amShe will either be charged with Vehicular Homicide or Endangering Children.
Vehicular Homicide is a misdemeanor of the 1st degree. The State would need to prove that she operated a motor vehcicle and in doing so negligently caused the death of another. The negligent act (failure to yield) must be the proximate cause of death of the individual. The State will need the Coronor’s report before filing the charge.
Endangering children is a felony of the 3rd degree assuming she does not have a prior conviction for a similar offense in which case it would be a felony 2. The state would be able to use the fact that the child was not in a car seat as the state needs to show that she violated a duty of care, protection, or support for the child….in this case shown by her not properly placing the infant or the toddler in the proper car seats.
Contrary to previous poster’s opinions the prosecution for either offense will occur. She may not actually see jail time but that decision lies with the sentencing judge after the State has obtained its conviction.
October 9th, 2007 at 11:02 amHow in the hell can a parent NOT put their kids in car seats? I do not understand that at all.
If that baby had been properly restrained in a rear-facing infant carrier, I think it would be safe to say that she would have survived the crash.
No one in their right mind holds a child in the front seat of a car. You can’t even put a child’s car seat in the front seat. Why? Because the air bag will kill the child.
My 3 1/2 year old has recently grown out of her car seat (too tall according to the safety standards for the seat). We purchased a booster seat for her that was appropriate for her age/height/weight and returned it the next day after reading about a boy the same age who was killed when his booster seat was ejected from his parent’s car in a roll-over accident (boosters are not LATCHed in and use only the adult seatbelt). My daughter is now in a LATCH-attached car seat with a 5-point harness that is good until she is 65 lbs. Yes, it cost 3 times more than the booster, but I don’t think you can put a value on your kid’s life.
Every parents needs to know that driving in a car is one of the most dangerous things you do with your kids on a daily basis.
Buckle them in.
October 9th, 2007 at 12:20 pm>> (boosters are not LATCHed in and use only the adult seatbelt).
We got ours from our local police department. I wonder if they are familiar with the article you quote.
October 9th, 2007 at 1:02 pmgo here for the story and recommended seats and stories from other parents:
http://www.kyledavidmiller.org/
October 9th, 2007 at 1:20 pmI hope they throw the book at the mother. Could the grandmother be brought up on any charges for being the one actually holding the baby? She’s just as guilty, considering she should have known better.
The mother was from Kuwait – I wonder if this is a cultural difference thing? If she’s going to use that as her defense in court?
October 9th, 2007 at 5:09 pmGood question dell_diva, the grandmother is also responsible and while it’s true the family came from Kuwait it was reported they lived in Arkansas before coming here. With the baby being born here in Ohio, it’s made very clear that child seats are the law, you can’t even take your baby home from the hospital without a car seat. Baring a home birth, it’s hard to see how she would not have been aware of the laws.
The culture aspect could very well come up as part of a defense if she is even charged.
October 9th, 2007 at 7:16 pmALL RIGHT, lets not make this about ME Modern Esq. I picked the wrong title and code, YOUR RIGHT. Its still a negligence based offense.
You missed my misspelling of forever (improperlee sepurated in too to wirds). Since language is the tool of a lawyer, I must be a BIG FAKER, or a bad attorney.
I hope Ttown’s confidence in her prosecution is true. I have not looked into the outcomes of similar cases in Ohio, or NW Ohio specifically, I am after all not a criminal attorney. The posts do beg an interesting question, how will the mother and grandmother’s nationality play into the case? Oversensitive politically correct treatment because they are middle eastern, calls for excess punishment because of their heritage? Or, fair, equal evaluation of the facts and a proper decision either way? The conservative cynic in me guesses #1, but clear heads could prevail.
The A-Hole. (who really is a lawyer, but is so ashamed of his profession that he tells people he is a piano player in a whorehouse.)
October 10th, 2007 at 5:24 pmTheir subjective understanding of the law is not a requisit for a conviction. As much as I can appreciate the value of oversensative PC mentality, I think people’s dislike for parents directly responsible for their children’s death far out weights any desire to be politically correct.
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October 12th, 2007 at 6:40 pmWhat stupidity! The family should not be let off the hook on the “cultural differences” card, either. When my kids were babies, my foreign mother-in-law started a fuss every time we got in the car. “I will unbuckle them. They will be more comfortable. Sitting in the car seat unbuckled is just fine, just have more faith in God, blah, blah, blah.” to the point where I had to insist that the vehicle not move until I had her compliance. And one of her own sons had nearly died in a car wreck – no seatbelt. They say you can’t legislate morality, but good car seat laws, well enforced, can sure help legislate against stupidity and negligence.
November 17th, 2007 at 4:15 pmI agree with LilyWhite comment #6, I think if we the people begin to assist the law enforcement officers, we could actually save some lives. I have seen these happended several times and I am a parent of two that works for a law office (defense firm) and see some cases that parents have the guts to file suit instead of hiring an attorney to represent them for their neglect. I will begin doing what LilyWhite does, she is making a difference.
January 20th, 2008 at 5:15 pmI am sorry for my grammer as my husband walked in on me and distracted me.
PS…
He agrees with me! Shame on the parents for not having the responsibility of having kids being taken seriously. There is just no justifiable reason to have a child in a car without the car seat – these parents should be punished and fined and be brought in front of a Judge before innocent victims pay the ultimate price.
January 20th, 2008 at 5:19 pm