Brenda Nesselroad-Slaby won’t be charged in the death of her 2-year-old daughter, Cecilia Slaby, who was left in a car for eight hours amid searing heat Aug. 23, prosecutors said this morning.
Nesselroad-Slaby, 40, forgot she left the sleeping girl strapped in a child seat of a sport utility vehicle at Glen Este Middle School, where she is the assistant principal.
“The only underlying charge appropriate in cases such as this, and the charge suggested by the Union Township Police Department, is child endangering,” said a statement released by Clermont County Prosecutor Don White. “The actions of Cecilia’s mother … were the result of an accident. … It is my opinion that the law dictates that no charges be filed at this time.”
An accident? How many vehicular homicide charges have been filed even though things were an accident? The reason charges are still filed: negligence. And I really, relaly do think leaving your child in a car to bake because you are so concerned about yourself and your career qualify as negligence. But, Clermont County Prosecutor and enabler Don White sees things differently.
While he believes Nesselroad-Slaby’s actions were a substantial lapse of due care, White said, they didn’t rise to the level of recklessness.
The Ohio Supreme Court has ruled that an essential element of child endangering is recklessness.
White noted that his office has received numerous comments from members of the public regarding whether Nesselroad-Slaby should be charged.
“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.”
The temperature averaged 98 degrees in that part of Union Township on Aug. 23. It could have reached 149 degrees in the car, which had its windows up. The girl died of heat-related causes.
A resident of Symmes Township, Nesselroad-Slaby became distracted from her normal routine of dropping Cecilia off at a baby-sitter’s house because she stopped to buy doughnuts for a faculty meeting, according to her lawyer, R. Scott Croswell III.
OK, so we have that ambiguity again. At one time, it wasn't part of her normal routine to take the baby to the sitter. At another, it was. Which is it? And then, I don't know about you, but I do think it is reckless to have care of a child and forget about them because of donuts. That sounds like reckless parenting to me. But what do I know?
But wait, her lawyer, Croswell, decides the real villains here are the public:
“All these people who are screaming for her head ought to try putting themselves in her place," Croswell said. "She merely became distracted and forgot the child was in the car."
Usually, "she dropped the child off (at 7 a.m.) before she went to school," Croswell said. "She started to go to the baby-sitter but realized at 6:30 a.m. that she would be a half-hour early."
Nesselroad-Slaby "turned around and went to pick up the doughnuts and focused on her school projects and became distracted and forgot she had not yet dropped the child off," Croswell said.
Yep, blame the public. Blame the donuts. Blame whomever else except the person who was there, who had the opportunity, to get the child out. Welcome to liberal society, folks.
I am sickened by this. I know what some people are going to say, and Rose in another thread talked about this. This woman has and is going to continue to suffer, every day, every hour. Her life is going to be over. Her marriage is probably over. Her job is probably toast. Isn't she suffering enough? That is not the point. The point is justice. Our system cannot decide this person has suffered enough. Justice cannot look at the SUV or the nice job or nice residence or nice area. It has to treat the situation the same as Shawanda who locked the baby in the Geo. By not pressing ahead with charges, you send the wrong message. If a jury of her peers chose to acquit her, or a judge, I would be fine with this, but to not bring charges of child endangerment and involuntary manslaughter is just ridiculous. There is no justice in Clermont County. Nuff said.