8 Year Old Charged with the Death of 1 Year Old

Two children were left at home while the mother went away to go to a club. The one year old girl wouldn't stop crying, then the 8 year old boy got annoyed and started attacking the young child. The boy ended up beating the one year old to death.

The 8 year old's case is going to be in juvenile court, where criminal charges aren't allowed, and he is in the custody of the state. The mother has been charged with manslaughter and is out of jail on a $15,000 bond. She and her friend left her five children(all under 8) from 11pm until 2 am the next morning, and the police didn't get a call about what happened until 10:30 am. They believe if they had been called sooner they could have prevented the death of the one year old.
The five children of the friend have been removed from her care and are in the custody of the state of Alabama.

Comments from Allen:
I have seen many, many criminal cases arise from leaving children at home without proper supervision: mom is asleep and the kids leave the house and find themselves in danger; mom is drunk and children can't be cared for; mom is doing meth upstairs (for days!) and leaves her child without food downstairs; mom leaves for work and the babysitter does not show up, etc.  The custodial parent will always be charged with a crime, normally "injury to child," when the very young child is left at home without proper supervision.  Usually, the child is not injured, but is placed in danger.  In this very unfortunate situation, the child died, killed by the oldest of five children of the mother's friend. This child needs intense counseling, and good parental nurturing.  Whether that nurturing can be found at home is doubtful, so the child and his siblings have been removed from the home.  It will be for their mother to undergo parenting classes and to demonstrate she is a fit mother to parent these children in the future; if she fails, the state will terminate her parental rights.

When addressing criminal behavior of a very young child, the focus of the court is always on rehabilitation.  Society does not want this child to grow up believing violent behavior is acceptable.  Incarcerating an eight-year-old is probably not the answer.

 Katerra Lewis has lost her only child, and she has to live with the knowledge it was her fault.  She needs to "dry out," and she also needs serious counseling.   The prosecutor in this case is talking about prison time for this woman.  I do expect her to spend some time behind bars; how much time is anybody's guess.  Since the court will not be concerned about other children in the home needing their mother, Katerra may be gone for a while.  The defense will be focusing on this being a crime of stupidity and not malice, and that Katerra in fact had no intent to harm her child.

  I would expect the following:
1. Katerra spends some time in the local jail;
2.  Probation for 2-5 years.  The key provision of probation would be insistence on her going without alcohol or drugs.
3. Maintain employment.
4. A curfew.

If Katerra had other children, there would be a requirement for parenting classes.  At this time, there is no need.  However, if she has another child during probation, I would expect parenting classes would be required.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:
http://edition.cnn.com/2015/11/11/us/alabama-boy-murder-charge/index.html

http://www.dailymail.co.uk/news/article-3312621/Police-8-year-old-charged-beating-death-1-year-old.html

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