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Toddler Dies, Daycare Owner To Face Second Degree Murder Charge
October 30, 2014
A toddler died Wednesday after allegedly being abused by a daycare owner, and the State Attorney’s Office is filing a second degree murder charge in teh case.
According to the Santa Rosa County Sheriff’s Office the 15-month old was taken to Sacred Heart Hospital in Pensacola with traumatic injuries consistent with shaken baby syndrome. Investigators said the injuries to the child occurred under the care of 55-year old Thelma Denise Lowery, who runs a daycare business from her home at 4738 Ward Basin Road in Milton.
The toddler died Wednesday at Sacred Heart Hospital , according to the State Attorney’s Office.
The Sheriff’s Office said investigators obtained sufficient probable cause to believe Lowery was the person responsible for inflicting the injuries on the toddler. She was charged with aggravated child abuse prior to the child’s death, but will be arraigned on the second degree murder charge on Friday afternoon.
A Santa Rosa Grand Jury will be scheduled to hear evidence and determine whether sufficient evidence is present for a first degree felony murder indictment. A first degree murder indictment can only be charged by a Grand Jury in Florida.
The Department of Children and Families has revoked Lowery’s license to operate her home daycare. Lowery remains in the Santa Rosa County Jail without bond.
Comments
52 Responses to “Toddler Dies, Daycare Owner To Face Second Degree Murder Charge”
This is tragic. Unfortunately, there are problems with simply pinning this on the last person who the child was with. The trauma could have taken place at an earlier time with the manifestation of the injuries occurring at a later time, while at daycare. The police obviously asked the daycare worker if the child suffered any head trauma, so “being hit on the head with a block” was probably the only thing she could remember happening to him, and is something that normally happens when little ones are playing together. There are way too many cases of innocent people sitting in prison over this, only to be exonerated at a later time.
I am a doctor, and although the data on shaken baby syndrome is based on monkeys thrown up against a wall in the 1960s, there have never been any good studies saying that shaking a baby is enough to cause “shaken baby syndrome”. In fact, the deceleration forces of falling on a soft couch were found to be greater than someone shaking a “dummy” baby. So, even though doctors think they know this for certain, the “shaken baby syndrome” is based on very poor science. So I have a hard time, because many innocent people have been convicted on this particular crime with circumstantial evidence only. “The baby fits the syndrome”, ergo, the last person with it “must” have shaken the baby, therefore, a crime has been committed…
Couldn’t it be possible that the parents injured their child, dropped it off and made her the scapegoat?
She did after all called for help, getting the child to the hospital in the first place. Look at all possible scenarios before getting a lynch mob.
Something is not right here
Finally some commenters not judging strictly on emotions, & waiting for all of the facts to be presented. It is very possible that she in fact did do it. It may be similar to road rage, where a normal person snaps in a situation. Is it possible that another child in her care was there & did it? Is it possible that a presently unknown medical condition with symptoms similar to SBS caused it? We were not there & don’t know. Guilty or innocent, many are now tragically affected by this forever. All I ask is that commenters not automatically assume guilt until all of the facts are in. More than one person who was absolutely guilty & sent to prison, has been later proven innocent by DNA or other means.
We don’t know all the facts but I seriously doubt the parents did it, but again even though the lady from the daycare was caring for this precious baby does not mean she didn’t snap even though she has been doing it for 20 years. We all have or had a temper at one time or another. The facts will come out soon. I pray for the family in this time of need and support.
officials are saying this is one of the worst cases of shaken baby syndrome that they have ever seen. While I do not want to see an innocent person convicted, this child was hurt in her care..either she did it or someone else there did it…the child was shaken so bad he had detached retina’s in both eyes…there is now way that this could have been done before he got there and then dropped off because he was almost non responding when he got to the hospital….good people make mistakes and sometimes no one notices…and then everyone does…so while no one is saying hang her now….you have to look at the facts of this case and not go on emotion on how nice a women she may have been…people can snap..it happens all the times…praying for all involved
The thing that bothers me the most is the fact that something happened while the child was in her care. Whether intentional or not something happened. Good people do bad things everyday so that is not a defense whatsoever. She was the caregiver, she was responsible for that child while in her care, she allowed something to happen that was fatal to that child. Therefore yes she is responsible for what has happened. Guilty of a crime only the courts will tell but she can never get rid of the fact that the child’s safety was her responsibility.
For everyone out there that has passed judgment on this daycare worker; just think about the situation if the shoe was on the other foot.
Until all evidence is presented no one should be convicted by people’s opinion.
Of course we all have opinions but again, that is just what it is…an opinion.
I hope Mrs. Lowery will be extended the courtesy of talking directly to the grand jury as an officer in Mo was allowed to do. She will not get that opportunity because she has already been painted as a monster and is not part of a protected class. She is just a hero who was taking care of other people’s families during Ivan while her husband and child were stranded on top of a tv in five feet of flood water in her home. She did not abandon her duty to the citizens and run off to save her family……she did her job. She also will not get to walk freely and live her life over the next year as she will not be allowed bond if the State gets murder charges from the Grand Jury. She will have a trial in about a year, and if she is exonerated she will never get her good name back, her family will be bankrupt, and a beautiful child will still be dead. This horrible tragedy continues to compound. My prayers for all involved.
Charlie, I see what you are saying, and OBVIOUSLY, if the woman didn’tdo anything, none of us would want to see her punished. E. Gober isn’t being aggressive and hateful, just saying that if this woman is guilty she Should be punished. So far no one else is under suspicion, and from what the report says, this happened WHILE the hild was in her care, so unless someone else was with the children in daycare, it seems pretty definitely that it was this woman. Saying you doubt someone will apologize if the autopsy shows otherwise is kinda rude, you have no idea what others are like, and therefore are judging others without proof also? People get mad when reading about child abuse, that SHOULD be the reaction, an innocent baby is dead, and we will be mad at whoever ends up being guilty, no one else.
Lol sorry, my daughter loves kicking my tablet with her little monkey feet. Anyway, like you said, if she shook this baby, she is guilty, there is no gray area here, we don’t need to know her life history. She may be a really nice person, but she killed this child, and that is a crime and therefore should be punished. This family lost their baby because the one who was supposed to be caring for the child made a horrible, rash decision that will affect them all forever
As a home child care provider I am disheartened at how people take this incident and quickly label all providers and all daycare centers. For those that do not trust others with your children, you are doing the right thing by staying at home with them. For those that need care, there ARE loving providers and centers out there that thousands of children attend every day. Also, based on the very few facts that have surfaced in this case, things just do not compute. 20 years of providing daycare and she does this? I really believe everyone should wait for the full story, and I really hope the investigation doesn’t take the “easy way out.” So many people are sitting in prison now with ruined reputations over horrible crimes they did not commit.
E. Gober—You are one of those I was speaking of. You have tried her & convicted her with no trial or evidence on your part. You are only going by the same PROBABLE cause the news stories have given out. You were not there. She may very well be guilty, but you have no right to judge her yet, nor do I. The total facts are not all in yet. I doubt you will apologize if an autopsy finds a different cause of death. If she is indeed guilty, then she should have proper justice done, & an appropriate sentence. Innocent or guilty, I am sure her life is pretty much destroyed at this point in time. I am certainly not defending her or accusing her. I was not there either.
This woman is an amazing, loving and caring woman who woulsld never hurt a child, she is a gentle woman, she is a battalion Chief for a volunteer fire department ( yes that means she risk her life to save peoples lifes every day for FREE out of the KINDNESS of her heart) . As I understand that people snap. The only record this woman has is fire fighter of the year, for saving lifes, and those who dont know mich about us fire fighters, we dont jist fight fires, as a matter of a fact we do that less than we do crawling into mangled cars and pulling out babies and people amd doing everything in our power to save their lifes. We respond to situations like this, amd we keep calm, ,we pull drowned babies out of water. We do all of this for hours days years for free. Leaving our family home for a job that only pays to us with smiles and a warm heart when a child runs up and hugs us and says thank you. This woman dedicates her life to saving people. She loves children. Hints why she has had a day care for years. I would bring my child to her in jail right now! And there is not a doubt in my mind that she would die protecting my child!!! Denise is an impeccable woman. This is a horrible tragedy amd I dont wish it on anyone. And I know the first response to this from everyone is ohhhh they say the have sufficient evidence that she did it! What might that be ask yourself that. Sbs is an internal injury not seen by the eye. Could come up over hours after shaking or injury. So how can they say they have sufficient evidence?? And lets play devils advocate shall we… Say she is a monster with an over 20 year background in medical field . She knows that sbs exsist, she knows there are ways to see it, she knows it kills children, would she do it with her background knowing she could “get caught” would she call 911 or the parents? This woman called 911 herself. Think about it and stop being a jury! We all want justice in this. This baby to rest in peace. And wish he were still here. But before we get an autopsy should we be such fools. How often is sbs mis diagnosed ,? More often than you know. That people who are victims themself are in jail not able to go to the funeral of a baby that they loved to and to know that people think she hurt him and that people hate her for something she hasnt done. You people should think long and hard! Not one person who has come in contact with this person ever has come forward saying shes a bad person! Shes amazing.
@ E. Gober…what Charlie is saying is that until an autopsy is done no one knows if the child died from being shaken or some unknown underlying medical condition. He clearly is not saying she violently shook him and it’s ok. This is a devastating and tragic event for this family, no one should have to bury their child. I am trying my best to not pass judgement right now. The final judge knows what happened and will handle accordingly. My prayers are with everyone involved.
For those of you commenting that they need to interview the parents- what a stupid comment! You can not possibly think that the authorities have not interviewed the parents yet. Come on people.
My children were previously in a home daycare with a woman I thought was awesome. Until, one day I pulled in the driveway and could hear children inside screaming. I thought to myself ” That sounds like my kid..” I open the door, she never saw me, and I see my one year old standing up in a playpen with a blanket covering his head with the woman standing over him with her arm raised screaming at him to “SHUT UP”… So needless to say I will never leave my child in a facility without cameras. EVER Just because YOU never see the nasty side of someone, doesn’t mean they don’t have one. Save your judgements and open your eyes.
The injuries from a fall from a swing are not consistant with injuries from SBS. There are some symptoms that are the same in both but the injuries are totally different. In SBS the babies head rotates uncontrollably causing contra coup injuires to the front and back of the brain which can cause blood vessels and nerves to rupture causing the brain to bleed and swell and tearing of brain tissue. The babies eyes may bulge out of their tiny heads. The blood vessels in their eyes rupture. Their brains swell. Any comment saying the injuries of SBS are consistant with the symptoms of falling off a swing are just ludicrous and you need to educate yourself on things before you post such a ridiculous comment. The injuries these small victims endure are caused by the malicious actions of bad people and not injuries caused by an accidental fall.
Is hurting a child wrong, YES. Should you ever shake a baby, NO. Did she do it? I don’t think so, but I have also met here and with her track record it sounds odd. Did the parent(s) do it? I don’t think so, but I have also never met them and don’t know thier track record. There are three ditinct groups on here. The first know Mrs. Lowery and swear she would never hurt a child. The second know the parents, ans swear they would never hurt a child. The third is the TV Crime Drama crowd that have already tried, convicted, and sent down a sentence based upon VERY FEW FACTS that are being released to the media.
Please keep in mind (as a healthcare proffesional myself), SBS does not always start showing signs immediately. Depending on the severity it can take hours for symptoms or signs of abuse to start showing. I am not condeming anyone, but that fact has been left out of almost every article I have seen.
Does the State Attorney have enough to make a case, they apparently believe they do. Has someone been arrested and charged with capital crimes with what they believe to be a strong case only to be dropped later, yes.
Let the justice system work. For all we know it may come out that it was a combination of inuries sustained over a period of a day or two that caused this (i.e. he fell down at home and struck his head, causing an internal injury that was was later compounded by a second blow to the head at the daycare during playtime). We just do not know. I feel for the parents, I have seen many children lost over the years and no one should have to go through that. And as a parent myself it is my greatest fear.
This daycare worker is innocent until proven guilty. “Shaken Baby Syndrome” symptoms are consistent or identical to what a coroner would find if a child had fallen off of a slide or a swing. She could have been thrown by another kid. So sad. I will be praying for all concerned: the family and the daycare suspect
The comments saying that people are already convicting this women need to realize shaking a baby that won’t stop crying or because they make you mad is NOT the way to get them calm down. Making these kind of rash decisions on a child especially if they are not yours is immature and needs to be investigated. Even though this lady may have had a clean record in her entire time being a daycare owner does not mean that she is innocent. I do not understand Charlie, one of the last commenting people, why does there have to be more to the story. What else do you want to hear to see if she innocent or not? She killed a child out frustration and anger.
This is a reason why I DO NOT let anyone keep my children under less if I am close by or in the second house. This right is the reason why I don’t work right now.
NEVER SHAKE A BABY
WALK AWAY AND TAKE A BREATHER
THE BABY WILL NOT DIE FROM CRYING
BUT IT WILL DIE IF YOU TAKE YOUR FRUSTRATION AND ANGER OUT ON THE CHILD.
Some of the commenters on here should be really ashamed of yourselves. I hope you are never on a jury. You already have this women tried & convicted. She may be guilty, but you have already made that decision based strictly on limited details from news reports. SHAME ON YOU! She has been arrested on probable cause. An autopsy may show a totally different, & presently unseen other medical cause.She has an immaculate clean 20 year record. Could it be possible there is more to the story, than what is being reported? God forbid you are ever in a situation like this, where there is a lynch mob ready to hang you, for what you may, or may not have done.
Heather, I have known the mother for almost 15 years. She is living and kind. She would never hurt anyone especially not a child. The family needs support not your opinion.
my comment was cut short… @ Mark… I did mean NO ONE SHOULD EVER SHAKE A BABY, TODDLER, SMALL CHILD, ANY KID ! You trust these people with your heart, this poor innocent child had no reason to be treated such a way. I pray for his family . SO SAD AND UNNECESSARY !
Prayers to both families who suffered the loss of this child. The science of SBS has been challenged repeatedly in courts in this land for the last 20 years. There is no way this woman knowingly harmed this child. An autopsy will certainly give a much better examination of the injuries and possibly give sufficient evidence of causation. I have met the accused and cannot believe that she did anything wrong. I have not spoken with her in years, but when I saw it was her in this tragic story, I knew something was not right.. I would strongly suggest that family and friends of the accused get national experts of SBS because the rush to judgment and bringing criminal charges so quickly and denying bond does not sound like an attempt to find justice and understanding for the loss of this child, but an attempt to scapegoat somebody and find an easy answer. by keeping her in a jail cell. Why was bond denied when she is a respected member of the community and does not pose a flight risk, and SBS is such a difficult condition to assign blame for folks to just magically say this woman did it makes no sense. I certainly do not know all the facts, but my gut is telling me something is rotten in Denmark.
I think testing should be done on the child as well as interviewing parents. This may not be child abuse but rather a medical condition that has surfaced while in the care of the daycare worker. All avenues need to be traveled before judgment is passed. Hopefully attorneys on both sides with handle this case with the knowledge that it could be something besides SBS. Praying for both families.
Rest in Peace Brodie.
I can not ever imagine the heartache of a parent suffering this tragedy.
So tragic! Thoughts and prayers for the family & friends!
I think the parents need to be interviewed to! Even though they were at work, don’t mean they didn’t shake the kid before dropping him off. That also doesn’t mean she didn’t do it either. Both sides need to be check. It’s just weird 20 years running this business no complaint & this happens.
My heart goes out to the family of this child and the family. I am a very strong believer that people should pay for their crimes. Nothing upsets me more then seeing something evil being done to children or animals. I want to give everyone some information too do some research on animals case I watched very closely for over 2 years. I worked for 12 years in Century Correctional Institution reading inmate mail. There was an inmate charged with this same crime, his name was Alan Yurko. He has been released by the State of Florida and found innocent after serving several years of his life for a crime/charge that was simply a medical condition his son had that Dr’s hadn’t diagnosed with same symptoms of SBS. Go to Yurko Project and read his story. I am not saying anyone is innocent, I am simply saying some times there is more to a story then what’s on the first page!!!! I pray for all involved
Exactly why my 1 year old grandson as well my unborn grandchild will NEVER EVER see the inside of a daycare!! Praying for this family..FLY HIGH sweet Brodie!
I can tell you the child was dropped off to the care giver in 100 percent good health. The harm happened on her watch. It Rips my heart out to know someone could do such awful things to a defenseless infant ! She will have to face God and tell him what she has done.
What happens in the dark will eventually be brought to the light. It doesn’t matter how well you know someone, it doesn’t matter how many good deeds they’ve done in their life time, people snap. OBVIOUSLY, or this little baby wouldn’t be fighting for his life. Praying for you little man <3 Your family, too.
Child abuse in not only perpetrated by strangers, but by family and friends and people in all walks of life and professions.
No matter male female or ethnic background.
It happens and is not limited by any of the above.
Never feel safe because of any of the above.
Just talk yourself into believing the decision you make was the right one.
Understand ..safety is in your control for your loved ones.
If you don’t put money ahead of that care and love for them.
I f that were my child, I would take Ms Lowery to where she needed to be, then I would suggest that she pray, if I said anything at all.
As of right now, the evidence points to the daycare worker.
If she is innocent, I hope she is freed. If not, she should go to prison.
stay@home First of all..what? Secondly I know that neither myself or my family would ever harm a child…period! That is why I chose to have them watch my children rather than placing them in a home with people I don’t know. Your other comments to my opinion this news story were just rubbish so I won’t even respond to them but I will say I didn’t shake a child,nor is that a mug shot of me in this article. I simply stated my opinion of why I don’t use strangers to baby sit my children and stated we have monsters amongst us because I see them more than you know. I see things that have happened to people done at the hands of those they loved and by strangers. The things I see on a daily basis would give you nightmares so it’s fair to say I know monsters when I see them.
Justsaying..I don’t know the statistics of that and I’m not even sure you can quantify your statement but again..being in public safety I see this all the time and yes a majority of the calls I get are those where the child has been abused by someone they knew but that is not always the case. Abuse can happen at any age and can be orchestrated by anybody. And BTW nowhere in my statement did I judge this lady. I judged the act that she is being accused of and arrested for.
Our first reaction when a child is hurt is anger. Children are supposed to be protected. However, focusing all that anger on a woman who could not do what she has been accused is problematic. Something is not right here. I only know one thing, this woman who has cared for children and served her community could not intentionally harm any child. What the extent of injuries are and how they happened will be explored, but this hate directed at somebody who may be one more victim in this tragic story is not the right course. I think we need to wait for more information and pray for the child and the parents.
This is a sad situation but as life has it there are 3 sides to a story…your side; my side & the truth.
Things can happen at home as well as at a daycare so again…let’s wait till the facts come out before passing judgment.
Like Sue asked, what about the timing?
If anyone is interested Google, Amanda Spaetgens from Iota, LA, and see her story. Doctors do make mistakes.
I do agree something is not right here but it could have been an unknown medical condition that is just surfacing.
Lets just all hang in there…prayers for the child and his family as well as Denise and her family.
Get all the facts first. I do not believe Denise did this. I have known her for too long. I went to school with 2 of her kids and have spent time in her home and I just can not even fathom this. Something is wrong here, I will agree, but Denise would never hurt anyone she is full of love and warmth and care and concern for others.
Brodie has SBS. He is fighting for his life in the hospital right now! Just to clear this up, the parents were at work, they did not do this to their own son. Whether she is a good person or not, she did this to this poor helpless baby. We are praying for a miracle for him to make it through the major injuries. So pray for him. They also have a you caring account to try and help the family with bills.
Trauma queen, family hurts children too, doesn’t have to be daycare workers, why don’t you stay home & keep your own kids? Sometimes people can’t & I understand that, but honestly, if your own kids get on your nerves, what makes you think any other family doesn’t get their nerves pulled, the best care is the mom & if you say your kids hasn’t gotten to you, either your lying or you’ve worked too much. Personally, I don’t like it when people say they can’t afford to stay home & take care of their own kids but yet have more for other people to take care of, or they talk about the ones who do stay home, I’ve had people throw in my face that I don’t ever take care of my kids, my husband does, but yet he used to work 60-80 hours every week, I didn’t work, I stayed home & took care of my kids yet nobody took up for me of course that was in laws & nobody that’s tries into that family ever does right, knowing all that it still hurt & still does because I know I have tried to raise my kids right while theirs was stinking rotten. But my point is don’t just judge the hired caretaker.
G. Locust, this good woman you speak of just put a baby in the hospital where he will more than likely lose his life. I dont know any “good” people that does this. She deserves death row for what she has done at the very least !
My Question is What time was the baby dropped off and when did she call 911 ????? 20 years in child care and never had a complaint nor have a arrest record. My Prayers sent to both of you.
Do not pass judgment until ALL the facts are laid out. The problem could have happened prior to being brought do the daycare. When all is said and done, then come back and make your comment. Denise would not have done anything like this to any child. So until the facts are out….. stay calm
traumaQueen, most children are abused whether sexually or physically are often abused at the hands of people they know so don’t judge a stranger before you even know them. It seems like no one can be trusted these days.
She doesn’t look like she even feels guilty. Never a good sign.
This is the reason I never use anybody other than immediate family to care for my 10 month old and never did for my now grown children either. I have worked in public safety for a number of years and have truly seen what people are capable of. I pray this baby’s health improves but know that once the brain has suffered damage the child will more than likely never be the same sweet child he/she was before the injury occured. What monster’s we have living amongst us today.
This is terrible. Parents trusting a daycare worker to take care of their child and the worker does this. I hope the justice system takes care of her. Makes me sick. Poor baby. Hope and pray for the baby’s fast recovery.
Not just Day Care workers, how about, “No one should shake a baby/infant EVER!”
Probable cause? This is a good woman who has cared for kids for years without complaints and served her community as a volunteer fireman. This story makes no sense. I pray for the child and the parents who have suffered this loss. I just do not think this woman could harm a baby, and the cause of these injuries are not always easy to connect with the injury. Something in this story does not make sense.
If this were my sweet baby and she had done such a horrific thing to MY child, theres no way under the sun she would have to stand trial, I would have to for my actions towards her, You DO NOT EVER shake a baby, If you are a daycare worker you DO NOT EVER