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Death from 1985 Florida shaken baby case leads to murder charge | St. Louis News Headlines – St. Louis, Missouri

St. Louis, Missouri 2021-07-28 09:00:00 –

Fort Lauderdale, Florida (AP) —Babysitter Terry McCarthy was lightly sentenced 36 years ago after suing an attempted murder that shook Benjamin Dowling, five months old. And probation for 3 years.

But now, after a Florida coroner said he died of these injuries when he died in 2019 at the age of 35 after Douring had a life with severe mental and physical disabilities, McCarthy Faces the possibility of life imprisonment.

A grand jury in Broward County recently charged 59-year-old McCarthy with a single murder. She is currently imprisoned near her home in Sugar Land, Texas, until she returns to Florida. According to the Broward County Prosecutor’s Office, McCarthy, who had previously denied the boy’s injury, abandoned his surrender. Sun-Sentinel, South Florida, first reported the arrest.

“The passage of time from the injury to the death of the victim was examined by the forensic expert who performed the autopsy and determined that the death was directly caused by the injury since 1984,” the prosecution said in a statement. rice field. To the grand jury who decided that this was a murder. “

It’s unclear if McKirchy has a lawyer, and Broward Public Defender’s Office, which represented her in the 1980s, didn’t immediately respond to requests for comment on Monday. McCarthy told the Miami Herald in 1985 that she was innocent, but accepted a judicial deal to put the case behind her. Under the contract, she will serve only on weekends until the birth of her third child, after which she will be free.

“I know I didn’t do that. My conscience is clear, but I can’t deal with it anymore,” McCarthy told a treatise at the time. “I’m 6 months pregnant. You can’t believe what this did to my family.”

Benjamin’s parents, Ray and Joe Dowling, said that some family members and others never made progress after their eldest son was injured.

“Benjamin never crawls, rolls completely, walks, talks, eats, enjoys burgers or ice cream cones. When itching or something hurts, I couldn’t talk to us, “the couple said in a statement. .. “When he cried in pain, our family and caregivers had to guess what was wrong and expect to be able to meet his needs.”

They did not mention McCarthy’s arrest in the statement and declined the request for an interview through a state law firm.

Dowling was married four years before Benjamin was born on January 13, 1984. Both dowlings were working, so I hired a 22-year-old McCarthy to leave him to a babysitter at his home in the suburbs of Fort Lauderdale.

Rae Dowling says he quickly realized something was wrong when he picked up Benjamin from McKirchy on July 3, 1984. His fist was clenched and his body was loose. She rushed him to the hospital, where doctors said he was suffering from a cerebral hemorrhage from a violent tremor.

McCarthy was charged with attempted murder and exacerbated child abuse. Dowlings told Herald in 1985 that they were stunned when prosecutor Barbara Mitchell told them about McCarthy’s judicial deal. She had been facing for 12 to 17 years.

Mitchell told the treatise that the sentence was “therapeutic,” but did not explain it. Mitchell is still at the Broward Public Prosecutor’s Office, but no comments were received. Another prosecutor is handling the current case. Ryal Gaudiosi, then McCarthy’s public defender, called the sentence “fair under circumstances.” He died in 2009.

Miami defendant lawyer and former prosecutor David Waynestein, who was not involved in the case, said it was difficult to know what happened to the 1985 deal. Perhaps the witness was not available or the medical evidence available was not strong. Prosecutors may have found McCarthy’s pregnancy difficult to convict.

Today, he said, prosecutors may think the murder case is stronger, probably because of advances in medical and scientific evidence. He said McCarthy’s lawyers could argue that over time it would be impossible to provide adequate defenses because witnesses could have died and their memories faded.

“There are a lot of unanswered questions,” he said.

According to Dowlings, Benjamin has survived several surgeries in his life, including placing metal rods along his spine. He was nourished through a feeding tube and attended rehab and special school. Dowling had two more children who took Benjamin to games and performances. The family moved to Florida’s Gulf Coast in the late 1990s. He died in their home on September 16, 2019.

“Benjamin didn’t know how much he was loved and couldn’t convey his love for them to others,” they said. And we were working hard to help him. “

Copyright 2021 AP communication. all rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.

Death from 1985 Florida shaken baby case leads to murder charge | St. Louis News Headlines Source link Death from 1985 Florida shaken baby case leads to murder charge | St. Louis News Headlines

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