Babysitter pleads guilty to manslaughter in 2019 death tied to 1984 injury

A former babysitter has pleaded guilty to manslaughter in connection with the death of a man who suffered severe disabilities due to injuries she allegedly inflicted nearly 40 years ago. Terry McKirchy, 62, reached a plea deal regarding the death of Benjamin Dowling, who lived with significant impairments until he passed away at the age of 35.

Dowling sustained a brain hemorrhage at five months old while under McKirchy’s care in her suburban Fort Lauderdale home. Investigators suggested that the injury was the result of shaking. McKirchy accepted her plea on Wednesday, admitting that she had struck Dowling when her responsibilities as a caregiver became overwhelming and exhausting.

During an apology read by her attorney, McKirchy expressed regret for Dowling’s tragic fate, acknowledging her actions caused his injuries. The emotional weight of the plea deal was felt profoundly, as Dowling’s family has long struggled with the repercussions of his condition.

Initially, McKirchy had been indicted on first-degree murder charges by a Broward County grand jury three years ago, following an autopsy that confirmed Dowling had died from complications linked to the injuries he suffered in 1984. His family reported that he never engaged in normal physical activities such as crawling or walking, nor could he communicate verbally or feed himself throughout his life.

After a lengthy period out on $100,000 bail, McKirchy voluntarily entered Broward County Jail on May 29. This case is not the first for McKirchy in relation to Dowling’s injuries. In 1985, she pleaded no contest to attempted murder after Dowling’s critical injuries were identified, receiving an unusually lenient sentence which allowed her to serve weekends in jail during her pregnancy.

At that time, McKirchy professed her innocence but felt compelled to accept the plea, wanting to move past the ordeal and focus on her family. Her earlier statement revealed a profound emotional toll: “I know I didn’t do it. My conscience is clear. But I can’t deal with it anymore,” she told reporters.

The Dowlings, Benjamin’s parents, were astonished when they learned about the plea deal involving McKirchy in 1985, especially given the severity of their son’s condition. Rae Dowling recounted how Benjamin appeared limp and unresponsive when she picked him up from McKirchy’s home, eventually determining he had suffered a brain hemorrhage due to shaking, a sentiment echoed by multiple medical professionals.

In a heartbreaking statement, the Dowlings reflected on the challenges faced by their son, emphasizing that he never experienced typical childhood joys due to his disabilities. Benjamin underwent numerous surgeries, lived with a feeding tube, and required ongoing rehabilitation throughout his life. He died at home on September 16, 2019.

Shaken baby syndrome, which gained attention in the 1970s, describes the tragic effects of violent shaking in infants, leading to severe brain trauma. However, ongoing research has indicated that the symptoms linked to this condition can also arise from various non-abuse related causes, such as genetic issues or accidental injuries. As such, numerous cases of wrongful convictions have been highlighted, leading to increased scrutiny of the terminology and diagnosis surrounding these injuries.

The American Academy of Pediatrics has shifted towards using the term “abusive head trauma” in light of new evidence, while maintaining that such abuse still places vulnerable infants at risk. They recommend vigilance for potential signs of abuse in very young children to ensure their safety.

The pleas for justice from the Dowlings underscore the complex emotional landscape surrounding abuse cases, particularly those involving vulnerable children. Their experience speaks to the long-term impacts of caregiver actions, not only on their victims but also on families grappling with loss and the desire for accountability.

Source: CBS News