Civil Rights · Uncategorized

Prison sentence for child’s accidental death benefits no one

My daughter, Lyra, has become a runner. I don’t mean she’s racing fellow kindergartners in track, but like with many children with Down syndrome and autism spectrum disorder, she takes off with no regard to safety or even a destination.

I have written about her running and all that we’ve done to keep her safe, from making our doors impossible for her to open to strapping a GPS monitor belt on her that lets us know if she’s left our property.

Thanks to neighbors, strangers and the Akron police, Lyra has returned home safely each time she has run. But what if, God forbid, she was struck by a motor vehicle? Or wandered to a nearby pond and drowned? What crime would her father, Max, and I have committed?

Years ago, when a friend of mine was in medical school, she dropped off her two older children at preschool before driving her baby to daycare. When she arrived at the daycare facility, she discovered the baby was not in her car.

My friend, who went on to receive an M.D.-PhD., is very smart and extremely competent. But raising three small children while attending medical school was demanding, if not overwhelming. My friend had no idea where her baby could be that day. Had she left her in her car seat in the parking lot at the preschool?

Trembling, she returned to the preschool. She found the baby asleep in her car seat on the floor of the preschool classroom, a fortress of cardboard bricks built around her by the young pupils.

One winter’s evening, a friend of mine who is an artist put his 3-year-old daughter to bed before returning to his studio to work. While the studio was attached to the house, it also had an exterior door used by customers.

Much later that evening, my friend was shocked when someone knocked at the door. He opened it, and there was his little daughter in her nightgown and boots. No coat, hat or mittens. She’d taken herself to the swing set, played and then toddled to the studio door when she became very cold.

But what if my friend hadn’t gone to the studio that night? What if he’d gone to bed and hadn’t heard his child knocking? She would certainly have died before morning. What would have been his crime?

On Feb. 2, 2018, 2-year-old Wynter Parker wandered outside on a day when the temperature didn’t reach above 19 degrees. She had been at home with her father, Dariaun Parker, then 23, who had been up all night recording music. Sleep deprived, perhaps he nodded off because it was Wynter’s mother, Tierra Williams, who found her.

Williams, who was then 22, had been running errands with the couple’s 4-year-old child. When she returned home and found her daughter outside, she immediately wrapped the girl in blankets and called 911. Tragically, Wynter died from the effects of severe hypothermia.

In articles, including in this paper, county prosecutors state that neighbors called the police before because the couple’s children were outside unattended. But the authorities did not report the family to Summit County Children Services, which they are required to do when they believe children are endangered. Lyra has run three times, and the police have been called each time. Children outside unattended is not a crime nor, in all instances, necessarily negligence.

There are parents who brutally beat their children and some who murder their own babies, or murder the children of romantic partners. Those people should be prosecuted to the fullest extent of the law and prevented from ever harming a child again.

But what of a mother who leaves her daughter with the child’s tired father? Or the tired father who agrees to stay with the child? And that one time everything goes completely wrong and the child dies not because of any malicious intent on the part of either parent?

More than 36 children die each year in the U.S. from vehicular hyperthermia, or heat stroke, because a caregiver leaves them in a car on a hot day. Compared to a child who wanders away, the parent who leaves a child in a car is an active agent in the child’s death. It’s the parent who buckles a child into a car seat and then forgets to retrieve them.

The worst punishment a parent can suffer is the death of a child. Perhaps that is why the judge overseeing the case of a 6-month-old’s death last summer in Medina from vehicular hyperthermia sentenced the baby’s father, 22-year-old Christopher Lee Stewart, to two years of probation. Stewart did not intend to harm his child. That she died due to his actions will likely haunt him all his days.

Dariaun Parker and Tierra Williams, however, have been sent to prison for their daughter’s death. Two years for Parker and 18 months for Williams, neither of whom had a criminal record, nor, as far as any news reports reveal, did they have any reported history of drug or alcohol abuse.

Judge Alison McCarty, who sentenced the parents, told them she would consider granting them an early release, which they can request after serving 30 days because they received sentences of less than two years. The decision on whether to grant the early release will be up to McCarty.

There isn’t a parent alive who hasn’t had a heart-clutching moment when realizing if a situation had gone even a little differently, great harm would have resulted. My daughter who runs, my friend who couldn’t remember where she’d left her baby, my other friend whose daughter wandered outside on a winter night. And many more stories of my own and others.

Should Williams and Parker have received supervision from Children Services after Wynter’s death? Absolutely. But how does sending them to prison benefit society? We live in a country that does not believe in free, quality childcare for our working poor but now we will pay a total of three and a half years of prison costs, approximately $30,000 a year.

As for punishment, their daughter died.

And what crime did the couple’s other two children commit? For they, too, are being punished. According to Creasie Finney Hairston, professor and dean at the Jane Addams College of Social Work at the University of Illinois, “The arrest and removal of a mother or father from a child’s life forces that child to confront emotional, social and economic consequences that may trigger behavior problems, poor outcomes in school and a disruption or severance of the relationship with the incarcerated parent that may persist even after the parent is released from prison.”

Judge McCarty didn’t have enough compassion for the remaining children to at least sentence the parents consecutively rather than concurrently.

So I ask, what crime did these parents commit that merits the additional destruction of their lives and the lives of their other children, not to mention the expense to the state, by incarceration?

This column will appear in the Akron Beacon Journal on February 10, 2018.


2 thoughts on “Prison sentence for child’s accidental death benefits no one

  1. I don’t find punitive action to be beneficial to anyone in this situation. Or in most, to be honest. Our contribution to this tragedy should be focused on supports that strengthen the family, such as free council, and as you mention a systemic support such as affordable and inclusive childcare.

    1. I just bought a new book, “Charged,” which is about prison and prosecutorial reform. I heard the author, Emily Bazelon, interviewed on Fresh Air two weeks ago and it really resonates with Wynter’s family’s situation. BTW, did you hear Ms. Williams was given early release last week? The judge made yet more finger-waggling remarks (You needed to know the importance of being a parent) that were way out of line. But thank heavens she’s back with her children.

What do you think?

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s