View Full Version : Lillian Herrera, 4, & Ethan Herrera, 5, found dead in storage trunk
Jaded
January 26th, 2009, 02:19 PM
Two children were pronounced dead after being found by their mother in a small storage trunk in East Naples.
Sheriff's deputies say their mother discovered the two Saturday morning at their condominium home and that they were taken to a hospital where they were pronounced dead.
Deputies identified the children as Lillian Herrera, 4, and Ethan Herrera, 5. Autopsies will be performed to determine their cause of death.
http://www.clickorlando.com/news/18562899/detail.html
Details were sparse one day after a shocking discovery in East Naples left the community reeling.
The autopsy on a young brother and sister discovered dead in their apartment was completed Sunday, but the results will not be released until the death investigation is completed, said Collier County Sheriff’s Office spokeswoman Karie Partington. She said the Collier County Medical Examiner has sent body fluid samples away for toxicology tests, but said the results would likely take weeks to complete.
Ethan Herrera, 5, and Lillina Herrera, who turned 4 on Saturday, were discovered unconscious in a small, wooden storage chest Saturday, deputies said. They said the childrens’ mother, 39-year-old Susan Herrera, found the children in the chest and called 911 around 11:45 a.m. Saturday, but the children were pronounced dead after they were rushed to Physicians Regional Medical Center-Collier Boulevard.
Partington could not provide any additional details Sunday, such as the kind of chest where the children were found, whether it could lock or whether there was anyone at home other than the two children and their mother. She declined to say whether the deaths are being treated as an accident.
http://www.naplesnews.com/news/2009/jan/25/death-two-children-found-chest-still-mystery/
Jessiesgirl1108
January 26th, 2009, 02:30 PM
Please keep us posted on this one Jaded...something smells really fishy here. Poor babies! RIP Ethan and Lillian...:rip:
Zibarro
January 26th, 2009, 02:32 PM
When it comes to chests/toy boxes, you can't rule out accidental -- but you also can't rule out stupid for owning an unsafe one when you have small kids. Where was mom while the kids were suffocating?
I pray it was an accident and feel bad for all involved. Poor kids - what a scary way to die.
RIP Ethan and Lillian :(
CountJackula
January 26th, 2009, 02:38 PM
I bet they were playing with each other and maybe hiding from their mother in the chest when it got closed shut... I hope this is a tragic accident and not homicide.
flawed_existence
January 26th, 2009, 03:52 PM
I'm so fucking overprotective that I drilled holes in everything with a lid that the kids could climb in. My eldest had a "thing" for extremely small spaces and would often dump his toys out of the Rubbermaid buckets I used to storage and climb in. I don't recall that he ever got the lids on, but he did get in my hope chest once and close the lid on himself. I found him after about five minutes of quiet, half asleep, all snuggled up in a nest of blankets. Yep, there was a row of one inch holes drilled all along the back of the chest. Could he have suffocated? I don't think so, but then I never left the boys alone for more than a few minutes until they were in grade school. You just never know what they'll get into.
If this was an accident, I feel so sorry for the mom in this situation. How heartbreaking.
Castille
January 26th, 2009, 07:20 PM
I've an antique cedar chest myself that has a heavy locking lid that screams potential child hazard. I understand I can get the latching mechanism swapped out, but it's not something I've investigated. Also an old steamer trunk, but someone would need to lock that one from the outside. Meanwhile, I kept the chest filled, with heavy stuff stacked atop it when my older child was smaller. Now that she's old enough to move stuff off of it, she's also clear on the danger of getting in it. And why you'd never lock someone in a steamer trunk. They still cross my mind now and again though.
Dakota Valkyrie
January 27th, 2009, 10:50 AM
http://i44.tinypic.com/345zj0o.jpg
Eighteen inches by 18 inches by 18 inches.
It’s not a lot of space, but authorities say that was the size of a wooden storage chest where two small children — one just over 3 feet tall, the other just over 2 feet — were found Saturday morning unconscious and not breathing in their East Naples condominium.
Five-year-old Ethan Herrera and his sister Lilianna, who was supposed to celebrate her fourth birthday on Saturday afternoon, were rushed to the hospital where they were pronounced dead.
The chest had a locking mechanism and was made of brown wicker with a plywood lining, the Collier County Sheriff’s Office reported.
Sheriff’s officials continue their death investigation, interviewing family members and doing tests on the wooden chest. Autopsies were conducted Sunday, but the results have not been released.
An investigator said the case was being worked as a potential homicide, which is standard for death investigations. Nothing had changed by Monday, Sheriff’s Office spokeswoman Karie Partington said.
When reached for comment, Ethan and Liliana’s 18-year-old cousin, Jessica Herrera, said the children’s mother and father, Susan and Jorge Herrera, both loved their kids and would never hurt them.
“Never, never, never,” Jessica Herrera said.
She said it has been a difficult few days for family members, many of whom have gathered at her grandmother’s home to grieve and to support the parents. Jessica Herrera said her cousin’s name is Lilianna, not Lillina, which was reported by the Sheriff’s Office.
She said it’s not surprising that Lilianna would be found with Ethan.
“Lily always followed what he did,” Jessica Herrera said. “She looked up to him a lot. I can see her following what he does, and doing what he does.”
According to an incident report, by the time deputies arrived several people, including Jorge Herrera, were gathered at the condo. The children were lying beside one another on the floor with vomit next to each child.
The parents are currently separated, and are getting a divorce, the report said. Both Susan and Jorge Herrera are cooperating with investigators.
The Florida Department of Children and Families has also started an investigation.
“We don’t have any prior reports or prior involvement with this family,” agency spokeswoman Erin Gillespie said.
http://naplesnews.com/news/2009/jan/26/chest-held-two-children-who-died-described-18-inch/
Peeperann
January 27th, 2009, 11:00 AM
Ah God, i'm so hoping it was an accident. But still how completely horrifying for the parents if it was.
If it does turn out to be an accident can you imagine the pain they are in and guilt they will feel for not being more careful?
Please God, let it be an awful accident.
Castille
January 27th, 2009, 08:17 PM
I can't fathom a 4 and 5yr old both fitting into an 18x18x18 cube, there's just no way. But when I got back to the article, they've updated it to say the box is described as 18in wide and 18 deep. So that third dimension must actually be quite a bit larger to allow 2 children to fit in there.
ARedRouletteKiss
January 27th, 2009, 08:33 PM
I lost two of my kittens one day and found them in an old steamer trunk in the basement. I still haven't figured out how they got there since I was positive it was shut. That is really sad, I didn't even know you could suffocate in a trunk or small places like that. When I was little I used to hide in stuff like that all the time. I would think it was an accident since little kids like to play imaginary games a lot.
Unamused Cat
January 27th, 2009, 08:51 PM
They were such beautiful children. I just can't imagine how they could fit in such a small space. :sad:
Alicatt
January 27th, 2009, 09:02 PM
I can't fathom a 4 and 5yr old both fitting into an 18x18x18 cube, there's just no way. But when I got back to the article, they've updated it to say the box is described as 18in wide and 18 deep. So that third dimension must actually be quite a bit larger to allow 2 children to fit in there.
you would be suprised how kids can get themselves shoved into small spaces my brother an I used to crawl into boxes and play "Hide and Seek" with my mom and my mother never knew she was playing
Dakota Valkyrie
January 27th, 2009, 09:28 PM
...play "Hide and Seek" with my mom and my mother never knew she was playing
:rofl:!!
Silvahalo
January 27th, 2009, 11:11 PM
Same here FE. My 5 yr. old is crazy about getting into thing. Boxes, tubs, etc. I have never drilled holes into anything, but that's a thought. He is small for his age so there is still a big concern for small spaces. Now, my 17 month old is following his lead....
I'm not sure, but I'm getting a feeling this one was an accident...I guess my feeling is that no one could intentionally kill these lovely children.They are so adorable and look so happy. My hope is they were happy and had parents who cherished and loved them completely.
If it was a tragic accident, my sympathies to the parents who lost these beautiful angels.
Be at peace little ones, always together....just breaks my heart.
http://i510.photobucket.com/albums/s341/silvahalo68/Fallen%20angels/ethanlili.jpg?t=1233112095
Castille
January 27th, 2009, 11:18 PM
I lost two of my kittens one day and found them in an old steamer trunk in the basement. I still haven't figured out how they got there since I was positive it was shut. That is really sad, I didn't even know you could suffocate in a trunk or small places like that. When I was little I used to hide in stuff like that all the time. I would think it was an accident since little kids like to play imaginary games a lot.
Well, ordinarily, the air gets close and you open the lid, thus no suffocation problem. The problem is some chests - like that old cedar chest I have - will latch upon closing on the outside, not openable from the inside. A steamer chest wouldn't do that, you'd just lift the lid again (although, not your kittens!) You'd have to be on the outside in order to lock it.
Alicatt -lol! Your mom was probably off savoring a few minutes of quiet :) The small spaces don't surprise me - I have kids. But meauring an 18in cube estimating from my inner elbow to finger tip - I just don't see the lid being able to close on these 2 kids in a latching way, especially not from the inside. It was probaby just erroneous initial reporting that was corrected. With a longer length you have something shaped like a hamper or a longer flat sort of chest that would accomodate 2 kids without a problem.
chatdenuit
January 27th, 2009, 11:43 PM
Okay, I can see two kids getting into a tight spot. Really, that sounds feasible. If they thought it was a game, they might have crammed themselves in there. Who knows?
BUT...what about then they realized they couldn't get out? How come no one heard them banging like hell on the lid or screaming for someone to come get them? There is a time when you're playing Hide-n-Seek that you give up, especially if you get scared 'cause it's getting hard to breathe...
At first, I thought this was just an accident, but the more I think about it the more something just doesn't seem Kosher about the whole thing. Besides where was Mom (or Dad) for so long that they didn't think, "Hey, I haven't seen the kids in the last few minutes...Where the hell are they?"
I give my daughter some breathing room in the house. Probably a little more than I should for her age, but the house is fairly well baby-proofed, and she's never out of earshot or sight. I get really suspicious when I don't hear anything from her. I'll go looking.
But I dunno...Just my thoughts...
Silvahalo
January 27th, 2009, 11:51 PM
...
BUT...what about then they realized they couldn't get out? How come no one heard them banging like hell on the lid or screaming for someone to come get them? There is a time when you're playing Hide-n-Seek that you give up, especially if you get scared 'cause it's getting hard to breathe.
Yeah, I was thinking that too chatdenuit...but maybe the kiddos were up stairs and mom down stairs or vs.verse. She may have let them go about alone too long and nodded back off to sleep...the article said the call came was placed in the morning. I can see an accident for sure but I can easily see this being a homicide, that's my DD exposure I guess.
So very sad...kisses sweet ones.
Just my luck sucks
January 27th, 2009, 11:59 PM
http://www.google.com/hostednews/ap/article/ALeqM5hpc4-K_S47O_2ZQ96srpX2sTDeOQD95VMD2O0
If the box was made of wicker why couldn't they breath? Maybe left so long they died of heat exhaustion?
When my kids were little silence meant trouble. If I couldn't hear them for a matter of a minute or so --I'd be checking on them pronto. Once when my oldest was about 2 she was too quiet & I went looking for her--couldn't find her, I flipped out and was just about to call 911 when I found her curled up behind the sofa asleep. Amazing how a 2 yo can sleep through screaming!
sanityslipping
January 28th, 2009, 12:09 AM
I give my daughter her space on occasion too and let her do her own thing, she gets mad if I stay all up in her business, but just today she damn near gave me a heartattack. I was trying to fix my computer, and she was down stairs because her habit of hitting keys isn't helpful, and if I wasn't gonna let her do that, then she didn't want no part of me at that moment. My house is baby proofed, and I can hear almost every noise she makes, gotta love hard wood floors, and when I hadn't heard a giggle, or her footsteps for a minute, I went down to check on her, and I walked all the way through my house, and she wasn't anywhere. I checked behind all of the curtains, she wasn't there. Then I hear a little giggle. The child had opened my dining room hutch and was standing inside it, with the door mostly closed. It was open just enough that I wouldn't notice it being open, and she could see me checking behind the curtains. She thought it was hilarious when I found her, me not so much. She had me scared! Now I know where to look though
chatdenuit
January 28th, 2009, 12:21 AM
Then I hear a little giggle. The child had opened my dining room hutch and was standing inside it, with the door mostly closed. It was open just enough that I wouldn't notice it being open, and she could see me checking behind the curtains. She thought it was hilarious when I found her, me not so much. She had me scared! Now I know where to look though
tee-hee-hee
sleepingwithghosts
January 28th, 2009, 12:38 AM
well.. they look like really happy children.. not like some of the others that have met horrible fates on here.. i really hope it was an accident.. its sad either way.
Unamused Cat
January 28th, 2009, 02:16 AM
If the box was made of wicker why couldn't they breath? Maybe left so long they died of heat exhaustion?
Maybe it the trunk was lined. The nicer ones do have wood lining, so your blankets don't hang up.
Dakota Valkyrie
January 28th, 2009, 07:13 AM
If the box was made of wicker why couldn't they breath? Maybe left so long they died of heat exhaustion?
It was lined with plywood;
The chest had a locking mechanism and was made of brown wicker with a plywood lining, the Collier County Sheriff’s Office reported.
Tazzzz
January 28th, 2009, 08:32 AM
They died on the 24th and that was Lilys birthday, according to the obit.
The chest was only 18" X 18". Thats pretty damn small for 2 kids. Not saying there were killed but it looks a bit strange. There is allot of difference between a locking device and a self locking one.
Little kids can make a hell of allot of noise so why didnt mom hear them screaming?? Also no trama was found on the kids so why didnt they have marks from trying to get out ??? Then there is the problum that anything thats air tight is also pitch black and I dont know any kids that age that wouldnt freak out about that. I guess I am suppose to believe they squished into a small air tight box and just fell asleep and died???
"There were no outward signs of physical abuse," said Sheriff's Office spokeswoman Karie Partington. The chest where the bodies were found had a locking mechanism,
Eighteen inches by 18 inches by 18 inches.
It’s not a lot of space, but authorities say that was the size of a wooden storage chest where two small children — one just over 3 feet tall, the other just over 2 feet — were found Saturday morning unconscious and not breathing in their East Naples condominium.
http://naplesnews.com/news/2009/jan/26/chest-held-two-children-who-died-described-18-inch/?partner=RSS
+++++++++++++++++++++++++++++++++++++++++++++++
Obit for the kids:
Ethan Herrera Lilianna "Lily" Herrera Naples FL
Ethan Herrera five and Lilianna "Lily" Herrera four of Naples FL died unexpectedly on Saturday January 24 2009 at Physicians Regional Hospital. Ethan was a student at Vineyards Elementary School and Lily attended Bottles Blocks and Books preschool in Naples. They were brother and sister and best friends.
Ethan Nicholas was born on February 10 2003 and Lilianna "Lily" Marie Herrera was born on January 24 2005.
Ethan was a loving and compassionate little boy. He loved to play with super heroes and swim and he played basketball and t-ball. Lily loved to play with her brother. She often played with her baby dolls and kitchen set enjoyed dressing up in her "dancins" shoes and especially enjoyed playing in the sand. They both loved to play on their swing set and would often go to the zoo with their parents to see all of the animals.
They are survived by their beloved parents Jorge L. and Susan (Bunte) Herrera of Naples; grandparents Nocolas Roselio and Miriam Herrera of Naples FL Mary K. and Michael K. Drymiller and Kenneth M. Bunte all of Moline IL; aunts uncles and cousins Jesus H. and Michelle R. Herrera their children Nicholas Jessica and Anthony of Naples Kelly Bunte and Chris Holden of St. Louis Park MN and their children Max Annie and Kate Kara A. Bunte and David Klavitter of Washington DC and their daughter Lucy Alicia and Michael Coughlan of Athens GA and Amanda Drymiller of Minneapolis MN.
Visitation on Wednesday January 28th from 12:00 to 2 :00 p.m. at the Fuller Funeral Home 1625 Pine Ridge Road Naples with a funeral service beginning at 2:00 p.m.
A private burial will follow.
In lieu of flowers the family asks that donations be made to the Naples Zoo 1590 Goodlette Road North Naples FL 34102.
++++++++++++++++++++++++++++++++++++++++++++++
thebooblady
August 5th, 2009, 12:19 AM
Their deaths have been attributed to neglect by the mother who abused alcohol and drugs :(
http://www.naplesnews.com/news/2009/aug/04/dcf-east-naples-mothers-negligence-may-have-led-ki/
dreamstorm1220
August 5th, 2009, 12:57 AM
Hate to put myself out there so early in the game, and I am NOT defending the mother at ALL! As many have said.. Once it gets quiet, go lookin' cause there's trouble brewin'.. Especially with toddlers.
But.
Having been through divorce, it's sort of a time when you are stressed, distracted, exausted, emotionally strung out, not sleeping... I mean your whole life is upside down and your sort of white knuckling the couch tryin' to stay grounded. .
Sooo... was she abusing drugs and alcohol before the divorce? Is that WHY they were divorcing?
I guess it doesn't matter because it looks like she was completely self-focused and wallowing in her misery....entirely self-absorbed as her children died.
RIP, beautiful ones...
OMalley
August 5th, 2009, 01:08 AM
Shit. That's enough to scare me straight.
dreamstorm1220
August 5th, 2009, 01:17 AM
And while I type this hypocritical post (having to move the beer out of the way to get to the damn keyboard).. I just keep seeing this image of some poor woman leaning on the kitchen counter, head in her hands, trying to figure out how to carry on with the rest of her life.. I mean whatever happened to accidents? I know 2 georgous kids died!
But there was a time when people realized that every single death did not have to have someone to blame. Sometimes, every once in a while, horrible, tragic things occur.. By accident.
I dont know.. I guess I want some details saying that this woman was a neglectful cunt from the get go before I call her a murderer.
Silvahalo
August 5th, 2009, 04:35 PM
Well I'm not surprised on that update. I didn't feel it was something malicious but for children to go unnoticed long enough to suffocate, that I can see being neglect for sure. One thing to be distracted by divorce, as I have no doubt that would do a number on anyone's alert and focus ability. But now that drugs and or alcohol was also an issue, well, that's a different matter, changes everything. I wonder was she drunk, passed out, high when this happened? It appears the case has been closed by investigator and CPS, now its up to the DA to decide whether or not to file charges.
A very high price to pay for being oblivious to the ones that matter most in your care. I wonder how she is living with this. I guess drugs and or alcohol help cloud the truth to this tragedy. Ironic.
Rest in peace little angels.
Video here. (http://www.naplesnews.com/news/2009/aug/04/dcf-east-naples-mothers-negligence-may-have-led-ki/)
thebooblady
August 5th, 2009, 04:46 PM
And while I type this hypocritical post (having to move the beer out of the way to get to the damn keyboard).. I just keep seeing this image of some poor woman leaning on the kitchen counter, head in her hands, trying to figure out how to carry on with the rest of her life.. I mean whatever happened to accidents? I know 2 georgous kids died!
But there was a time when people realized that every single death did not have to have someone to blame. Sometimes, every once in a while, horrible, tragic things occur.. By accident.
I dont know.. I guess I want some details saying that this woman was a neglectful cunt from the get go before I call her a murderer.
I think it was because of the amount of time it would take for them to suffocate. I don't know for sure how long, but I imagine it was way too long for a mother not to check on a 4 and 5 year old.
MadeaBecBec
August 6th, 2009, 03:38 AM
She said it was an innocent game of hide-and-seek.
State officials say 39-year-old Susan Herrera had a drug problem, and that her neglect led to the death of her two young children.
Inside the front bedroom of her East Naples condominium on Jan. 24, Herrera counted to 20 before looking for her kids, Ethan and Lilianna, who were playing a game of hide-and-seek.
“This isn’t funny,” Herrera said, while sitting on the couch. “I can’t find you and I’m getting scared.”
No more than 15 minutes later she noticed that the photographs that were supposed to be on top of her two wooden storage boxes weren’t there. When she opened one of the boxes, she found Ethan, 5, in a fetal position on top of his sister, who was supposed to celebrate her fourth birthday that day.
There were also allegations of oxycodone abuse on the part of Susan Herrera, who had just been laid off two weeks earlier from her job as an executive assistant, and one person told investigators that she “looked drugged out” the day her children died. By the time DCF investigators arrived at the hospital on Jan. 24, reports say, Susan Herrera was asleep in a counseling room.
Six minutes before calling 911, the investigation showed that Susan Herrera called a friend and left a “calm voice mail.”
http://www.naplesnews.com/news/2009/aug/05/report-mom-whose-children-died-box-claims-she-was-/
Does oxycodone effect your hearing?
Nell
August 6th, 2009, 02:23 PM
No, but it would make you nod out for a period of time, so you wouldn't hear the muffled cries of your babies suffocating.
moonlilly1981
August 6th, 2009, 02:40 PM
im going through a divorce. Both my children are alive and breathing. I only drink heavily when the kids are with their father or they are asleep. Divorce is not an excuse to neglect your kids.
AmusedToDeath
August 6th, 2009, 03:31 PM
They had vomit next to them....that screams heat exhaustion imo...both in a tight spot, scared and can't get out, both screaming their little lungs out sucking up valuable air making this tight spot even hotter.......yes, investigate and find out why no one heard their screams...
this just totally sux!
AmusedToDeath
August 6th, 2009, 03:35 PM
o.k. I spouted off before I read the neglect article..............it still sux!
Silvahalo
August 6th, 2009, 08:56 PM
“This isn’t funny,” Herrera said, while sitting on the couch. “I can’t find you and I’m getting scared.”
No more than 15 minutes later she noticed that the photographs that were supposed to be on top of her two wooden storage boxes weren’t there. When she opened one of the boxes, she found Ethan, 5, in a fetal position on top of his sister, who was supposed to celebrate her fourth birthday that day.OMG, how terrible. WTF was that, waiting 15 minutes to look for them?? So I'm assuming being in drug induced state altered her sense of time? And what's with the calm voice mail she left 6 minutes prior to calling 911??...yeah, I think she was fuckn' high. Live with that bitch.
Rest in peace sweet little ones.
thebooblady
August 6th, 2009, 09:19 PM
I don't really believe anything she said. She was a drug abuser. There is no proof she ever played hide and seek and if she did, I think it would take longer than 15 minutes for the kids to suffocate. And why couldn't they simply push open the lid? Maybe they were panicked, but maybe she put them in there.
And about that voicemail, if she was really scared about where the kids were why would she take the time to leave a calm message to someone. I am assuming it was unrelated to the kids. I just think she is a liar who is trying to save her own ass. I'm sure she is upset about being responsible for the death of her children, but I don't believe her story.
MadeaBecBec
August 7th, 2009, 12:51 AM
I don't really believe anything she said. She was a drug abuser. There is no proof she ever played hide and seek and if she did, I think it would take longer than 15 minutes for the kids to suffocate. And why couldn't they simply push open the lid? Maybe they were panicked, but maybe she put them in there.
And about that voicemail, if she was really scared about where the kids were why would she take the time to leave a calm message to someone. I am assuming it was unrelated to the kids. I just think she is a liar who is trying to save her own ass. I'm sure she is upset about being responsible for the death of her children, but I don't believe her story.
I don't believe her either, for petes sake she was asleep at the hospital, who goes to sleep right after finding their children lifeless? Someone that is zoned out, on oxy or a downer of some sort?
It seems as though she was "zonked" out, woke up, called a friend, then went out to her car to look for Ethan and Lillianna, when she realized it was too "quiet" in the house. You can read the DCF report here:http://media.naplesnews.com/media/static/KMBT35020090805135839.pdf
I'll be watching to see what the DA decides to do about charges, I hope the investigators ordered a tox screen on Susan......
Dakota Valkyrie
December 14th, 2009, 09:37 PM
The mother of the two East Naples children who died in January after they locked themselves inside a box won’t face charges.
According to the State Attorney’s Office, a warrant request made by the Collier County Sheriff’s Office in April for the arrest of Susan Herrera — on two counts of aggravated manslaughter on a child — was denied Friday.
The reason cited by Assistant State Attorney Steve Maresca in a memo released Monday was that Herrera’s conduct did not rise to the level of culpable negligence which is required to prove aggravated manslaughter of a child beyond a reasonable doubt.
“In order to prove a criminal charge, there must be evidence that a crime was committed,” said Maresca in the memo. “Criminal charges or allegations cannot be based on speculation. The medical examiner has ruled the death to be accidental, and there is no evidence to indicate otherwise.”
[...]
In an interview with the Sheriff’s Office, Herrera’s ex-husband Jorge L. Herrera, 39, told investigators that she was never abusive toward the children and that he did not feel this was a case of her intentionally harming them.
“This is what I’m fighting with OK, I’m fighting with the fact that I don’t know how she could not have heard those kids in such a small place,” Jorge Herrera told deputies on Jan. 24. “But I know that she would never hurt them.”
Back in August, Florida Department of Children and Families officials said Susan Herrera had been negligent and that it may have led to the death of her kids.
And during the course of the investigation, the Sheriff’s Office noticed that she seemed to be under the influence and later confirmed that she had a history of drug abuse.
A drug test administered by the Department of Children and Families found that Herrera tested positive for both cocaine and Oxycodone, for which she had a prescription.
Herrera’s drug use was one of the main factors cited by Sheriff’s Office officials requesting the warrant.
The discovery by investigators, that the box was not soundproof while recreating the accident — using a recorder playing children’s voices while locked in the box — was also cited.
“Mrs. Herrera’s drug abuse and related impairment resulted in her inability to supervise the children to keep them from getting into the box,” the warrant request said, which found during the box test that although muffled, the kids voices would have been heard from up to 40 feet away. “She then failed to respond to the children while they were struggling and calling for help to get out while suffocating.”
However, Maresca noted in the memo that the test would not be admissible in court, because the test could not determine when the drugs where ingested.
So even though there is evidence of impairment on Herrera’s part, Maresca wrote that there was also evidence of the children putting themselves in the wooden box, closing the box and then attempting to get themselves out.
“There is no linkage between Ms. Herrera’s intoxication and the death of the children,” Maresca wrote.
The kids’ death was ruled accidental by the medical examiners office, which determined that both had died of asphyxia. The Sheriff’s Office previously reported that investigators had not noticed any signs of abuse on the children’s bodies.
“It was determined that the children would not have survived in the closed box for more than two minutes,” Maresca wrote in the memo.
[...]
http://www.naplesnews.com/news/2009/dec/14/mother-two-east-naples-kids-who-died-after-climbin/
MadeaBecBec
December 14th, 2009, 11:22 PM
A drug test administered by the Department of Children and Families found that Herrera tested positive for both cocaine and Oxycodone, for which she had a prescription.
“There is no linkage between Ms. Herrera’s intoxication and the death of the children,” Maresca wrote.
I suppose they didn't think to do a hair follicle test, that would've made their case......
Grrrr..... I pray Susan Herrera is unable to bear more children, she will neglect any newborns, too!
brutallyhonest
December 16th, 2009, 02:57 AM
RIP little ones :( </3
sheevaa
December 16th, 2009, 03:13 AM
It was determined that the children would not have survived in the closed box for more than two minutes,” Maresca wrote in the memo.
I'm no sympathizer for child abusers whatsoever, but this does seem like a tragic accident to me.
You could be running a bath on the other side of the house or running quick to grab the mail in two minutes. I've heard of stories where accidents of this nature do happen in a very short period of time.
What immediately comes to mind is kids thinking to jump on pool covers like a trampoline. Different scenario, but those kids can drown in a minute or two as well, with people hollering about them being bad parents, etc.
Even in this crazy ass world, accidents do sadly happen. RIP kids, hope you're beating the shit out of all sorts of boxes now. Well...it's what I would do :P
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