Manslaughter charge for Angwin mom whose baby died when left in car
Judge overturns previous decision to drop charges
By MARSHA DORGAN
Napa Valley Register
The Angwin mom whose 10-month old daughter died when left in the family car saw a manslaughter charge reinstated Wednesday in connection with the child’s death.
On Wednesday, Napa County Superior Court Judge Diane Price overruled a previous court finding by Judge Stephen Kroyer that insufficient evidence existed to charge Haley Wesley, 27, in her daughter Maddison’s death.
At Wesley’s preliminary hearing in October, Kroyer ruled the baby’s death was an incredible, horrible mistake and Wesley had no criminal intent.
In November, the district attorney’s office filed a motion with the court asking the charge against Wesley be reinstated, claiming Kroyer had erred. After several court continuances, Price granted the prosecution’s request on Wednesday.
If found guilty, Wesley could face a maximum of four years in prison.
On Wednesday, Napa County Deputy District Attorney Michelle Rollins argued Wesley was criminally negligent when she left her baby strapped in her child safety seat in the back seat of the family car on May 18. The child’s lifeless body was discovered by Wesley about six hours later.
Wesley’s attorney, Doug Pharr, adamantly argued that his client had no criminal intent and the death was a “pure accident.”
“She did not know that she left the child in the back seat. How can you prove this person knew what she was doing was dangerous?” Pharr asked. “There is no gross negligence. It requires she knew she left the child in the car.”
Pharr argued that Wesley had no willful intent to harm her daughter.
“What happened to her could have happened to anyone of us. It was a pure accident. She thought she had dropped the child off at day care. She did not realize what she was doing when she left the baby in the car.”
Rollins then countered Pharr’s defense of Wesley.
“Minutes before Ms. Wesley parked her car and got out, leaving the baby in the back seat, her baby was crying. But Mr. Pharr is arguing, ‘Oops, she just forgot.’ She is responsible for the baby. She put the baby in the car seat. All the way while she is driving from Napa to Angwin, she is thinking, ‘I have to drop her off at day care.’ As a parent you have a responsibility, you just can’t forget your child.”
Price said her decision boiled down to the question, “would a reasonable person have known the risk of the act?”
Price admitted the day was not a typical one for Wesley, who had traveled to Napa in the morning, then back to her job in Angwin. “She was driving a different car. It was not her normal routine,” Price said.
“I certainly cannot find any criminal intent on her part. But I do find probable cause a reasonable person would have not forgotten their child was in the back seat,” Price said. “I am not finding Ms. Wesley guilty or not guilty of manslaughter. That will be for a jury to decide.”
As in Wesley’s other court appearances, the courtroom was packed with her supporters.
Her husband sat next to family members, breaking into tears when he heard Price’s ruling. Soft crying could be heard throughout the courtroom.
Wesley and her husband clung to one another as she buried her head on his shirt, weeping.
Wesley is set to be arraigned March 4. She is out of custody on her own recognizance.
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cathyodom wrote on Feb 13, 2008 1:49 PM:
Mr. Burns wrote on Feb 13, 2008 1:53 PM:
tgrl707 wrote on Feb 13, 2008 2:22 PM:
steph wrote on Feb 13, 2008 2:27 PM:
GregN. wrote on Feb 13, 2008 2:40 PM:
Mr. Burns wrote on Feb 13, 2008 2:49 PM:
Mr. Burns wrote on Feb 13, 2008 2:50 PM:
NVGal wrote on Feb 13, 2008 3:24 PM:
hudds5 wrote on Feb 13, 2008 3:27 PM:
Dwayne wrote on Feb 13, 2008 4:11 PM:
nan03 wrote on Feb 13, 2008 4:52 PM:
Mr. Burns wrote on Feb 13, 2008 5:54 PM:
Dwayne wrote on Feb 13, 2008 7:25 PM:
Mamyt wrote on Feb 13, 2008 7:30 PM:
GetReal! wrote on Feb 13, 2008 8:08 PM:
Mr. Burns wrote on Feb 13, 2008 8:21 PM:
vocal-de-local wrote on Feb 13, 2008 8:36 PM:
Amelia wrote on Feb 13, 2008 10:34 PM:
Joe wrote on Feb 13, 2008 11:13 PM:
asahigo wrote on Feb 14, 2008 12:51 AM:
Dwayne wrote on Feb 14, 2008 7:10 AM:
kbf wrote on Feb 14, 2008 8:12 AM:
NVGal wrote on Feb 14, 2008 9:37 AM:
Dwayne wrote on Feb 14, 2008 9:53 AM:
NVGal wrote on Feb 14, 2008 10:28 AM:
steph wrote on Feb 14, 2008 10:42 AM:
steph wrote on Feb 14, 2008 11:09 AM:
seventhnapan wrote on Feb 14, 2008 11:32 AM:
Mr. Burns wrote on Feb 14, 2008 2:49 PM:
GetReal! wrote on Feb 14, 2008 3:10 PM:
Society may persuade a criminal for committing further crimes by handing down harsh penalties. But society can never prevent honest mistakes and accidents from happening. A show of support, encouragement and compassion would, on the other hand, prevent much of the pain so prevalent today. "
ephemerol wrote on Feb 14, 2008 4:32 PM:
Having said all of this I have spotted children left alone in parked hulking SUV's here locally, during heat waves and I have called them in to the local PD more than once. All prospective parents single or other wise would be well served to attend the *best* classes in child rearing, safety and much more before giving birth. It's far too demanding, complex and serious an endeavor to just blunder into and attempt to just bluff one's self though with. I hope we see some wisdom prevail with all of this vs. blind hysteria, posturing and the usual mania that follows such terrible un-witnessed deaths. "
Mr. Burns wrote on Feb 14, 2008 6:29 PM:
spatulabetty wrote on Feb 14, 2008 8:43 PM:
vocal-de-local wrote on Feb 14, 2008 10:13 PM:
GetReal! wrote on Feb 15, 2008 3:03 PM:
This little baby is in better hands, can't we just leave it at that? "
NVGal wrote on Feb 15, 2008 4:19 PM:
GetReal! wrote on Feb 16, 2008 3:48 PM:
The mothers carelessness caused her precious daughters death. Now what? Keep on searching and spending tax payer money? Prosecute her because, after all, we wouldn't want her to be a repeat offender? Make an example out of her so that no other person would ever consider making a careless mistake? Perhaps she should have her tubes tied or be given a hysterectomy to protect any other child she might pro-create in the future? I don't know, maybe she doesn't realize just how horrific her careless action was, perhaps we should bring it all up again in court, be sure to have witnesses such as yourself to lam bast her? We certainly must do what is responsible in your sight, for the safety of all children, because who knows what evil parent may make the next careless accident. God bless Honorable Kroyer. "
vocal-de-local wrote on Feb 18, 2008 8:05 PM:
GetReal! wrote on Feb 19, 2008 7:05 AM:
vocal-de-local wrote on Feb 19, 2008 3:00 PM:
NVGal wrote on Feb 19, 2008 5:46 PM:
GetReal! wrote on Feb 19, 2008 6:20 PM:
opiniagirl wrote on Feb 20, 2008 9:29 AM:
vocal-de-local wrote on Feb 20, 2008 1:14 PM: