Babysitter And 10 YO Girl To Be Charged In The Death Of 10 MO Heath Ryder

[Hellsbells]

Jury finds babysitter and girl, 10, criminally responsible for baby's death


CHAMBERSBURG, Pa. (WHTM) - A jury seated to hear testimony in a coroner's inquest has found a 10-year-old girl and her babysitter criminally responsible for the death of an infant at a Shippensburg home last summer.

The findings came after two days of emotional testimony at Franklin County Coroner Jeffrey Conner's inquest into the death of 10-month-old Heath Ryder, who died at Penn State Hershey Medical Center four days after suffering injuries July 29 at the home day care operated by Dottie Bowers.
http://i1239.photobucket.com/albums/ff519/hellsbells42/imagesvvr.jpg


Jurors recommended a charge of involuntary manslaughter against Bowers and a charge of third-degree murder against the 10-year-old, who is accused of shaking and tossing the baby.

Dr. Mark Dias, a pediatric neurosurgeon who treated Heath at Penn State Hershey, testified Friday that the infant suffered extremely traumatic brain injuries consistent with shaken baby syndrome.

"I don't see how this could be accidental," Dias said. "This had to have been violent; significant, violent trauma."

Dias said that based on the evidence, he concluded that Heath's injuries were caused by the 10-year-old.

A seven-year-old girl who attended the home day care testified Thursday that she witnessed the 10-year-old shake Heath and throw him in a crib. She said she felt his stomach and his nose and noticed that "nothing was moving."

Dias added that there wasn't much doctors could do once Health arrived at the hospital, but said his injuries might have been treatable had Bowers called 911 when she found him unresponsive. Police testified yesterday that Bowers never made the call for help.

Heath's mother, Sherry Ryder, told jurors that she made the emergency call after Bowers ignored her pleas. She said she was on her way home from work when Bowers phoned to say Heath would not wake up and was breathing abnormally. She said she rushed to the home to find her son limp and lifeless, and called 911 while she performed CPR.

The findings of the jury are non-binding. Prosecutors may decide or decline to pursue the charges.http://www.abc27.com/story/14456857/jury-finds-babysitter-and-girl-10-criminally-responsible-for-babys-death#

[Tundratot]

OMG! This is so awful! That sweet little face. And that woman Bowers wouldn't call 911 for him, even at the express wish of his mother?!! WTF? I can only surmise she was operating an undocumented child care and didn't want them to scrutinize her. This is just sickening.

[princessgrandma]

Oh, now you know something's not right with this if the woman wouldn't call 911. Why on earth wouldn't she, unless there was something she was trying to hide or cover up? The 10 year old wasn't the daughter of the babysitter, was she? I didn't see that, if it said so.

[Momzilla]

The 10 yr old needs counseling, not jail time, IMO. I don't think most 10 yr. olds have ever heard of shaken baby syndrome- I could be wrong (it's bound to happen eventually!) and maybe this kid did know what she was doing would kill the baby.

Meanwhile...this babysitter is a cold-hearted bitch! I'm surprised she didn't just hand the baby back to the mother like nothing had happened.

How the hell can you let a baby die right in front of your face and not call for help?! She deserves to rot in jail, wishing she had made that call, for the rest of her life!

[Whisper]

Pa. Prosecutor approves charges against babysitter and girl, 10, in baby's death

CHAMBERSBURG, Pa. (WHTM) - Franklin County District Attorney Matthew Fogal said he has authorized charges against a young girl and her babysitter in the death of an infant at a Shippensburg home last summer.

Fogal said a charge of third-degree murder is appropriate for the girl, who was two weeks shy of her 10th birthday when her "violent acts" caused abusive head trauma to the baby and ultimately his death.

It was determined during a hearing Friday that girl will be tried in juvenile court rather than in adult criminal court. Fogal said she will be tried as a delinquent, however, meaning if convicted she could face time in a juvenile detention center.

The girl's attorney, Jason Kutulakis, said he disputes the charge.

"There are no red flags that she formed an intent to kill," said Kutulakis. "There are no red flags she has a mental disorder or a personality disorder. She's a good student and she does not have a disciplinary problem, so it just doesn't fit."
[...]
Lots more at link
http://www.abc27.com/story/14540125/pa-prosecutor-approves-charges-against-babysitter-and-girl-10-in-babys-death

[misssmartypants]

Sorry, I cannot condone this girl being charged for murder. If she stabbed the baby, hit the baby with a hammer, then yes. But what if the babysitter had this girl take care of the baby, like say, baby was crying, and she got frustrated and shook baby? You cannot expect a little girl to have them same control as an adult, and have knowledge of what kind of damage shaking a baby could do. Plus that babysitter did nothing, nothing, until mom was on her way ( oh fuck! think of something quick!) So, Im in total agreement with the ladies above.

[Robynne]

I agree, she's 10. Seriously? I don't believe she was the one the parents entrusted to watch her child. Why was she even alone with the baby? When you are watching a child (especially someone else's) you are to watch them at all times. The only time it would be acceptable to be out of sight is when they are safely in a crib or playpen sleeping. (with a baby monitor)

[DamagedGoods]

http://www.publicopiniononline.com/localnews/ci_17963177


The baby's mother, Shelly Ryder, told police that the baby sitter called her and said Heath was "breathing funny and would not wake up," a police affidavit states. Ryder said that she repeatedly asked Bowers to call 911, but she refused.
During a series of police interviews on several different days, Bowers gave several reasons for her failure to call 911, according to the affidavit.

At one point she told police that Ryder arrived and began yelling at her, making her "too upset to call." She also said that she was too scared to let go of the baby long enough to make an emergency call, according to the affidavit.
[...]
According to testimony during the inquest, nearly an hour passed from the time Bowers discovered the baby's condition to when an emergency call was placed by his hysterical mother.

Dr. Mark Dias, a pediatric neurosurgeon, told investigators that the baby's brain was deprived of oxygen because he was not breathing properly for an extended period of time. "He stated that had 911 been called earlier, the victim's chances of survival would have greatly increased," the affidavit states.

Bowers had been a baby sitter for about 28 years when the alleged incident happened and was not a licensed day care provider, according to testimony at the inquest. Heath and the 10-year-old charged in his death were two of several children in her care that day.

Caraciolo said that Bowers had already "decided to take a break from that job" before the charges were filed. He said his client was only trying to do the right thing when she found the injured baby in his crib.

"What you'll find out, is that Dottie made all the phone calls that she thought were appropriate," he said.


I have to say I don't agree with charging the 10 year old with murder either. Had the baby sitter called 911 there is a good chance the baby would be alive, and if the girl was charged at all, it would have been a much different one, even though her actions would have been exactly the same in both cases.

Who knows though, perhaps someone can change my mind...

[nopatience]

I don't agree with charging her with murder, but there has to be some kind of consequence. She did take a life - even if it was inadvertently. If it was my baby that was killed, I would want something done. This......


There are no red flags she has a mental disorder or a personality disorder. She's a good student and she does not have a disciplinary problem, so it just doesn't fit."


bothers me. If there were no behavorial problems or anything that would set up a red flag, why? Even if she was left alone and he wouldn't stop crying, if there were no red flags, why wouldn't she just seek help? I was babysitting at 10 and I never lost it like this. I'm not saying it doesn't happen, but I can't help but think there's more to it. Some 10 y/o's can be sociopaths. Mary Bell was.

[Silvahalo]

3rd degree murder. wow, under the circumstances that is harsh and unfair.
Seems like the courts and society have washed their hands of the responsibility in righting the wrongs in children that are wronged by adults. Children are basically screwed once they are able to walk and talk, the book is ready to be thrown at them as if they were able to reason and think and act like an adult and vote. I hope the 10 yo gets help and not just punishment. Also wanted to note, that 7yo who witnessed the 10 yo shake and throw baby had more sense in checking for breathing than the useless adult there.

"A seven-year-old girl who attended the home day care testified Thursday that she witnessed the 10-year-old shake Heath and throw him in a crib. She said she felt his stomach and his nose and noticed that "nothing was moving."
The only loathsome pos in this scenario is the pathetic, heartless caretaker. She was not only responsible for the care of baby Heath but for that 10 yo and talk about a fail in both cases. I bet you she would be ready to blame the 10 yo in every count and walk away from any responsibility.

My heart goes out to that mother, Ms. Ryder who in her desperation was unable to get the bitch to comply with a request she should have done on her own...pfft....daycare work for 28 years, not licensed and not able to think on her own to feet in a moment of crisis that was under her watch... It was her own ass she cared about nothing more.

Rest in peace baby Heath loved and missed always.
http://i510.photobucket.com/albums/s341/silvahalo68/Fallen%20angels/FallenAngels2/HeathRyder.jpg

[Silvahalo]

I don't agree with charging her with murder, but there has to be some kind of consequence. She did take a life - even if it was inadvertently. If it was my baby that was killed, I would want something done. This......



bothers me. If there were no behavorial problems or anything that would set up a red flag, why? Even if she was left alone and he wouldn't stop crying, if there were no red flags, why wouldn't she just seek help? I was babysitting at 10 and I never lost it like this. I'm not saying it doesn't happen, but I can't help but think there's more to it. Some 10 y/o's can be sociopaths. Mary Bell was.

I was thinking about this too. I'm thinking the 10 yo has witnessed very bad behavior and hasn't been taught a thing on coping under stress. I have read on many an adult not behaving like an adult...oh, yes, I see we are on dd, we read about most of them.

[Toxic]

If there were no behavorial problems or anything that would set up a red flag, why? Even if she was left alone and he wouldn't stop crying, if there were no red flags, why wouldn't she just seek help? I was babysitting at 10 and I never lost it like this. I'm not saying it doesn't happen, but I can't help but think there's more to it. Some 10 y/o's can be sociopaths. Mary Bell was.

What mary bell did was far more depraved than this, but I have to agree. When I was little, a boy my age (6) set fire to my dog and killed him....when the cops asked him why, he laughed and said it was fun....so yeah, kids can be sociopaths.

Also, with the internet and other tools kids are supplied with, I think that that girl must have known what she was doing was wrong, and while I think a murder charge is harsh, I think she needs to be in a facility of some sort that can help her.

[nopatience]

I was thinking about this too. I'm thinking the 10 yo has witnessed very bad behavior and hasn't been taught a thing on coping under stress. I have read on many an adult not behaving like an adult...oh, yes, I see we are on dd, we read about most of them.

I definitely agree. I don't think she should be charged with murder because she was put into a situation she didn't know how to handle but the rage came from somewhere. She needs taught how to deal under pressure. I can't help but think that maybe she saw more from caretaker than noted. You know, monkey see, monkey do sorta thing.

Anyway you look at it, a beautiful baby is gone and his family is suffering tremendously. I'm not sure any outcome in this situation will ease that.

[AngelFire]

What this 10 year old did shouldn't be ignored. Treatment is needed for her immediately that shouldn't even be up for discussion. However, to go as far as to bring charges against her for murder is totally insane. This baby was left in the care of an adult not the 10 year old. The adult had the responsibility to care for this baby, and not have one of the other children handle the baby. Yes, it was the actions of the 10 year old, but had this adult not done what she was paid to do which was look after that infant, this baby would not be dead and a 10 year old in such an ugly situation.

Now aside from that, what is wrong with this 10 year old? Why would she think it was okay to throw a baby like she did? While I ask these questions, I am wondering if this babysitter didn't have the habit of being a bit too aggressive with the baby and this girl thought it was fine to do the same shit? I don't know, I may be talking out of my ass but I am trying really hard to understand why this even occurred.

[62julietandvoid]

I just wonder, how much force it would take to kill a 10 month old though. Seems like it had to be a lot of force, especially for a 10 year old girl. And wtf at babysitter refusing to call 911. That's even harder to understand.

[Toxic]

62julietandvoid I agree...i was thinking the exact same thing. 10 year old girls generally have that kind of strength....she either had to hate this baby boy and be full of rage for him, or she had some help.....

[Dakota Valkyrie]

Friday was the first anniversary of the day Heath Ryder was fatally injured at a Shippensburg area baby sitter's house. Tuesday will be one year from the day his parents said good-bye to him, voluntarily stopping life support so his harvested organs could save three other lives.

"It's the first thing I think about in the morning when I wake up and the last thing I think about at night before I go to sleep," Shelly said.

After an extensive police investigation including a two-day coroner's inquest in April, Franklin County authorities now allege that Heath was fatally injured July 29, 2010 by a then 9-year-old girl who shook him and threw him into a Pack n' Play crib.

With little prior exposure to the criminal justice system, the two grieving parents have found the process frustrating and emotionally taxing. The girl and the baby sitter have both been charged in connection, but the complex murder case remains unresolved in court.

"I don't want pity from anybody. I just want justice for this guy," Mark said, gesturing toward a photo of a shirtless baby in his high chair with wide eyes and Oreo crumbs all over his pudgy cheeks.
[...]

According to testimony during the coroner's inquest, an hour and 57 minutes passed from the time Bowers discovered the baby in distress to when Shelly called for help on her own cell phone.
[...]

Bowers had been baby sitting Heath's older brother, Ayden, since he was an infant himself. According to testimony, she ran a small daycare business in her home for 28 years. Shelly said her sister had previously used the woman's services without a problem, and their mother had gone to high school with Bowers.

Despite the familiarity, the Ryders formally interviewed Bowers, met her husband and inspected their home before deciding to entrust her with their child's care. The meeting went well, and Bowers became the family's regular sitter for several years.

"We liked her from the beginning," Shelly said. "You walked in and out of her house like you were family. I'm sure she never thought something like this would happen."

The young girl accused of killing Heath was charged this spring with third-degree murder, a charge that by state law must be initially processed in the adult court system. Her case was quickly moved into the closed juvenile system, where it remains.

Based on her failure to call 911 sooner, Bowers was charged April 29 with involuntary manslaughter and endangering the welfare of children. During a preliminary hearing a month later, Magisterial District Judge Todd Williams threw out the manslaughter charge.
[...]

The Ryders declined to discuss the ongoing criminal cases in any further detail, but said they only hope that justice will be done for their son.

"If I have to, I will battle the system till I can't go any farther," Mark said. "This boy deserves everything. Being his daddy, I will do my best to see that happen."

http://www.publicopiniononline.com/ci_18587526

[Silvahalo]

Good to read this.

The young girl accused of killing Heath was charged this spring with third-degree murder, a charge that by state law must be initially processed in the adult court system. Her case was quickly moved into the closed juvenile system, where it remains.

Not so good to read this.


Based on her failure to call 911 sooner, Bowers was charged April 29 with involuntary manslaughter and endangering the welfare of children.During a preliminary hearing a month later, Magisterial District Judge Todd Williams threw out the manslaughter charge.
[...]Why? She delayed help for baby Heath for almost 2 hours...two! She endangered the child's welfare that resulted in death. She knowingly and willingly delayed help, precious time that could have meant life for baby boy.
I hope the father takes this 'till his last breath. Sweet child deserves more.

[ineedanap]

When it comes down to it, the "babysitter" is responsible. He/she is responsible for everyone in their care, regardless if its their kid or not. That one kid had opportunity to throw another, is beyond me, and I would venture to say we'll hear about mental issues with the perp.

[VXIII]

If the babysitter didnt want to call 911, couldnt the mother have done it herself from work or in her car on the way over there? I have read of other mothers doing that on this site...

[Dakota Valkyrie]

http://i0.simplest-image-hosting.net/picture/20120418-12.jpg (http://simplest-image-hosting.net/jpg-0-20120418-12)
After close to two years, Shelly and Mark Ryder of Franklin County have found a measure of justice in the death of their infant son, Heath.

In a packed courtroom this morning, Dottie Bowers, the 57-year-old woman who was 10-month-old Heath’s caregiver on the day of his death, was sentenced to 6 to 23 months in prison for child endangerment.
[...]

In emotional testimony today, both Ryders spoke about the impact their son’s death has had on their family, which includes two older boys. “It was a tragic event … that never should have happened,” said Shelly, in tears. “My heart aches every day.”

Heath’s family said the baby’s death should be blamed on Bowers’ inaction for failing to call 911 immediately.

In February, Bowers plead no contest to a charge of child endangerment. Her attorney and her family asked for probation instead of prison, but the judge determined prison was warranted because of her inaction.
http://www.pennlive.com/midstate/index.ssf/2012/04/babysitter_sentenced_to_prison.html


The sentence also included a $200 fine and restitution totaling $62,756.27, for Heath's medical bills and funeral costs. Bowers is required to undergo mental health treatment and forbidden from contacting any member of Heath's family.

She is eligible to qualify for work release and the possibility of early release from jail, Van Horn said.

The Franklin County Probation Department prepared a pre-sentence investigation report which recommended Bowers be sent to jail for at least nine months, which is at the high end of the state's sentencing guidelines considering her crime and lack of criminal background.
[...]

A 10-year-old girl who was also being baby-sat at Bowers' home is charged with third-degree murder for allegedly shaking and throwing Heath into a crib, inflicting brain and neck injuries. Her case remains active in the county's juvenile court system, which is closed to the public.
[...]

Given an opportunity to speak for herself, Bowers tearfully said that she was "sincerely sorry" for what happened, and that her inaction was the result of panic.

"I was terrified. All I could think to do was call the mom," Bowers said with a shaky voice. "I thought the right thing at the time was to wait for her to get there."

Van Horn noted that Bowers was unlikely to re-offend and that her rehabilitative needs could also be met outside the jail, but said she gave the most weight to the effect of the crime on baby Heath and his family when reaching a decision.

"Fifty seven minutes is a long time to be frozen in a state of inaction," Van Horn said. "You failed Heath in your duty of care."
[...]http://www.publicopiniononline.com/localnews/ci_20423909/baby-sitter-sentenced-6-23-months-infants-death