People v. Carroll

715 N.E.2d 500 (1999)

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Nature of the Case

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Facts

Between August 14 and 16, Shanaya's father repeatedly punched the child, threw her into a wall and pushed her onto the floor, apparently because she would not eat. D witnessed her husband inflict most of these beatings and was aware that the child had stopped eating, she did not seek medical attention until late in the evening of August 16, when Shanaya was brought by ambulance to a hospital emergency room. By the time the child arrived at the hospital, she had stopped breathing and had no pulse. After attempts to revive her were unsuccessful, she was pronounced dead. The cause of death was physical abuse. The body was covered with bruises, lacerations, abrasions, and hemorrhages. Several of her ribs were fractured, and a lung was punctured. Many of the injuries would have been very painful, causing the child to scream and cry. Shanaya was starved and dehydrated. D was charged with endangering the welfare of a child. D moved to dismiss the indictment. It was granted: there was insufficient evidence that D was 'legally charged'--the statutory standard--with the care or custody of Shanaya. The Appellate Division reversed; D was 'legally responsible' for Shanaya's care, and D was criminally liable because she stood in loco parentis at the time of the crime. This appeal resulted.