Log in

View Full Version : 5-Year-Old Could Face Murder Charge in Drowning Death of Crying Toddler


ShyGuyInChicago
June 13th, 2011, 05:58 PM
http://abcnews.go.com/US/murder-charge-considered-girl-drowned-crying-toddler/story?id=13811620&singlePage=true

By KATIE KINDELAN
June 10, 2011



Kansas City police are trying to determine whether to charge a 5-year-old girl with murder after she admitted that she dragged a crying toddler into a bathtub and held him under water until he stopped crying.
"I've been in law enforcement for 20 years and it's the youngest suspect I can remember," police spokesman Darin Snapp said. "It's extremely rare."
The girl, who is not being identified because of her age, was left with 18-month-old Jermane Johnson Jr. on June 3 along with two other children and a 16-year-old girl who was supposed to be looking after them. The teenager had fallen asleep, police said.
Police originally ruled the death an accident, but it turned into a potential homicide investigation after the 5-year-old told social workers that she held 18-month-old Johnson under water to stop his crying.

ABC News
The June 3 drowning death of 18-month-old... View Full Size




How Young Is Too Young? Watch Video



From Fifth Grader to Alleged Murderer Watch Video



Child Killer? Watch Video




"She said she got angry because he would not stop crying and she held him under the water until he stopped crying," Snapp said.
She told social workers that she dragged Johnson into the tub, still full of water from when the children took baths earlier that evening, police said.
Police were called to the drowning just before midnight Friday, when the adults returned home and found the boy dead.
"As of right now yes, from her statement, she is a possible suspect," Snapp said.
Snapp said a final decision on how to handle the case will be made by prosecutors after the medical examiner's report is released, a process that could take up to eight weeks.
The victim's family has taken to Facebook to express its grief and issue a plea for donations in the infant's honor.
The boy's father, Jermane Johnson Sr.,wrote on his Facebook wall, "Please help me give my son a proper burial," alongside information directing followers to the memorial account set up in his son's honor.
"I just got asked the hardest question that no parent should never answer. What kind of caskets do I want to put my son in," he wrote.
Will 5-Year-Old Girl Be Charged With Murder for Drowning Crying Toddler
The highly unusual case was referred to the Jackson County's family courts division and the girl has not been arrested, but she remains a person of interest to police.
Officials are also looking into the welfare of other children in the home and the decision to leave the children alone Friday, according to Snapp. The 16-year-old left in charge of the children reportedly had mental disabilities.
Police said Johnson lived in the St. Louis area but had been cared for by relatives in Kansas City for several weeks. The 5-year-old girl is a relative of Johnson's, although officials said it was unclear exactly how.
An adult left the children in the care of the teenager in order to travel to a bus station to pick up a relative who had come to take Johnson back to St. Louis.
The ABC News affiliate in Kansas City, KMBC-9, spoke to neighbors near the red-brick home where the drowning occurred, one of whom said the family was nice, but that she had experienced troubles with the young girl prior to the drowning.
"She would throw rocks and sticks at them," neighbor Patricia Lewis told KMBC, referring to her small dogs. "They'd get real upset with her."
Others expressed sadness that the death occurred, and horror that a 5-year-old may now face charges.

Possible Murder Charges for 5-Year-Old Who Drowned Crying Toddler

"It's a sad thing for something like that to happen to a young child, it really is," said Katie Marshall, another neighbor. "We have to watch our children more carefully."
Bart Lubow, the director of the Juvenile Justice Strategy Group at the Annie E. Casey Foundation, a national child advocacy organization based in Baltimore, said a large part of the case, should the girl be charged, would focus on whether the 5-year-old was capable of even forming intent or knowing what drowning meant, something he argued is not possible.
"You can imagine a child responding to other children's crying by saying, 'I know how to stop that.' But the notion that there was intent there is silly," Lubow said. "For a 5-year-old, this is well beyond the pale of what our criminal or delinquency laws are intended to address."
He said the case should proceed with a "very child-centered approach."
The young suspect is now in the care of the Jackson County Court, but officials would not comment on whether the girl was back home with her family or in foster care.
"We cannot speak at all to the child's current living arrangement," said Mary Jacobi, a spokeswoman for the court.
According to Johnson Sr.'s Facebook wall, memorial services for his son, Jermane, will be held on Monday, June 13, in St. Louis.
The Associated Press and Reuters contributed to this story.

DreamSeeker
June 13th, 2011, 06:02 PM
I saw this the other day, I don't think the child should be blamed. I mean 5 years old, about 1 year of school and they would not no better. More fault of the person who fell Asleep. Though she should not get the full blame.

Sith Lord 13
June 13th, 2011, 06:06 PM
Last I checked you had to be at least 7 to be charged with a crime.

RoseyCadaver
June 13th, 2011, 06:12 PM
This is disturbing,I'm loosing hope for humanity.

Rainstorm
June 13th, 2011, 06:45 PM
This is disturbing,I'm loosing hope for humanity.

It's a five year old.

Perseus
June 13th, 2011, 06:47 PM
This is disturbing,I'm loosing hope for humanity.

You do realize these kind of things happen all throughout history?

Wicked_Syn
June 13th, 2011, 06:52 PM
That must have been one pissed off 5 year old

tav18
June 13th, 2011, 06:59 PM
She is five years old it's unnecsary punishment, sure her actions were completly wrong but people 5 years old come on !!!

Portable Desert
June 13th, 2011, 07:17 PM
What kind of dumb fuck leaves a 5 year old and an 18 month old alone at home?

Iron Man
June 13th, 2011, 09:45 PM
What kind of dumb fuck leaves a 5 year old and an 18 month old alone at home?

Did you not read the story? A 16 year old was looking after the two children, but she fell asleep.

TheMatrix
June 14th, 2011, 02:03 AM
this is saddening. yes, it happens, but still.

Magus
June 14th, 2011, 02:35 AM
Adding it to my list of news of underage menaces. Can't believe it that she is that cruel. From where did she get the idea? Wtf really.

Zephyr
June 14th, 2011, 03:06 AM
It's a terrible story, but 5 year olds don't understand the repercussions of their actions, and even littler of death. I don't think that the kid should be punished, but I do believe that some counseling and enstilling a better idea of cause and effect would be the best route.

Fiction
June 14th, 2011, 06:54 AM
I don't think the 5 year old should have charges pressed against her. She probably didn't have any idea what she was doing. The fact that she's told the authorities shows that she didn't realise what she did was wrong.

Sith Lord 13
June 14th, 2011, 09:05 AM
One thing the UK has over the US, you don't have this level of stupidity. You have to be at least 10 in the UK to be charged with a crime. Source (http://www.lawstuff.org.uk/the-facts/at-what-age-can-you/crime-and-legal-issues)

Neverender
June 14th, 2011, 10:01 AM
It's a 5 year old. At age 5 many children have trouble cutting fantasy from reality. Let alone understand repurcussions of actions. The 16 year old should be charged with Negligence causing death. Not the fucking 5 year old. That would be killing both children.

ItStOuGhEnOuGh4Us
June 14th, 2011, 03:15 PM
Why would any competent parent or adult leave a baby with a 5 year old Child? How about we charge the Parents with murder and neglect/child endangerment.

Sith Lord 13
June 14th, 2011, 04:44 PM
Why would any competent parent or adult leave a baby with a 5 year old Child? How about we charge the Parents with murder and neglect/child endangerment.

The girl, who is not being identified because of her age, was left with 18-month-old Jermane Johnson Jr. on June 3 along with two other children and a 16-year-old girl who was supposed to be looking after them.

Read more carefully.

Rainstorm
June 14th, 2011, 07:19 PM
Now the question should be whether or not to charge the babysitter

Portable Desert
June 15th, 2011, 12:53 AM
Did you not read the story? A 16 year old was looking after the two children, but she fell asleep.


Well, the baby was crying and apparently he didn't do anything about it, or pay attention to what was going on, so I would pretty much classify the two as alone.

aussiebunnie
June 15th, 2011, 01:19 AM
Read more carefully.

Then the 16 year old should be charged for manslaughter based on "willful blindness". She may not have wanted the 18 month old to die, but she would have foreseen a risk by letting the 5 year old not to be properly supervised with her. This risk is an objective test - so a person cannot claim "I'm too stupid to see the risk". It is tested against the reasonable man test. The key is not that she left them alone, as the charge entails that a mere lack of supervision would amount to willful blindness. But there maybe something in the facts that we do not know about which the article has not mentioned.

I do not think any jury in the world would convict a 5 year old. The prosecution would never be able to satisfy their burden to prove the mens rea of the crime for the same reason that the defense of insanity succeeds. To be culpable criminally, you need to understand the nature and quality of your actions.