(Closed) Is this crazy? Can a 5-year-old be charged with murder/drowning?

posted 7 years ago in Legal
Post # 3
Member
2548 posts
Sugar bee
  • Wedding: October 2011

Honestly, I don;t know where I stand.

I just think its a really sad turn of events for everyone involved, especially the baby. 🙁

Post # 4
Member
3012 posts
Sugar bee
  • Wedding: October 2012

The child has no concept whatsoever of what she just did.  She, as she simply stated, was trying to get him to stop crying.  Is her anger a red flag?  Most definitely!  And to think that the 5 year old thought this out to put her brother in a tub is unreal too.

I do remember being told that when I was about 2 years old, I put a towel over my brother’s face because I wanted him to stop crying.  I know that there’s a huge difference between the ages and developments.  It just goes to show there’s no concept of thinking and knowing right from wrong.  It really is a young age still.

Post # 5
Member
1177 posts
Bumble bee
  • Wedding: September 2013

@DesireeAnne: Exactly.

That’s absolutely ridiculous. 

Post # 6
Member
10851 posts
Sugar Beekeeper
  • Wedding: September 2010

What a horrible story! I think kids around that age are starting to grasp the concept of death/killing/etc. My stepson (who’s 5 now) started saying “I’m going to kill you!!!” when he got angry/frustrated for getting in trouble around the age of 4. We had a long talk about what that means, why it’s hurtful and inappropriate and why it’s a very bad thing to say that. I think he understood, but I’m pretty sure he thinks death is something that mostly happens in movies or to people/animals who are very very sick. I think he does know that you can hurt someone enough to kill them though. 

I really don’t know what to think in this case. Likely that little girl should get a lot of counselling and some sort of anger management therapy. It would also depend if she had a history of violent outbursts or anger issues.

Post # 8
Member
4693 posts
Honey bee
  • Wedding: October 2013

She hasn’t actually been charged yet, right now they’re investigating her as a suspect in a homicide.  I do not think a 5 year old is capable of understanding the consequences of what she did, though I do think she’s going to need years of counseling. 

ETA:  Not neccessarily counseling for anger problems, because I don’t know the details, and I don’t know that she actually has anger problems, but either way some day she’s going to have to live knowing what she did, and I don’t think anyone could come out normal after that.

Post # 9
Member
76 posts
Worker bee
  • Wedding: October 2011

There is no way in hell a 5 yr old should be held responsible for the toddlers death. She does not have the mental capacity to understand her actions would’ve resulted in the baby dying. Instead, whatever teenager/adult who was in charge of watching those children should be held accountable

Post # 10
Member
5273 posts
Bee Keeper
  • Wedding: October 2009

Wow – what is hard to wrap my head around is the fact, that obviously the baby was thrashing, kicking, and splashing violently – yet the 5 year old continued to hold him under water; to me, this just shows a great deal of violence in this little girl.

But, whether she knew holding him under water could kill him, or understands the concept of death, i don’t know….I think she is too young to understand… 

Post # 11
Member
1835 posts
Buzzing bee
  • Wedding: December 2010

I saw in the comments on foxnews that it’s been suggested that the 5yo’s parents used to dunk HER head under water to get her to stop crying so she did the same thing. Either way, it’s the care-provider’s fault.

Post # 12
Member
4693 posts
Honey bee
  • Wedding: October 2013

@firsttimemom: Eesh.  If that really is true then her parents definitely hold responsibility for what happened. 

Post # 13
Member
14415 posts
Honey Beekeeper
  • Wedding: June 2011

@firsttimemom: wow, if that is the case, I certainly think its the parents fault.  the little girl did not know any better.  I honestly dont see how that could work though.  What child would not cry MORE if their head was held under water.  Hell, I’d probably start cryng if somene did that to me!

Post # 14
Member
95 posts
Worker bee

I also read that the 16 year old was mentally disabled so if anyone is to be held accountable it’s the parents of the children. 

Post # 15
Member
9029 posts
Buzzing Beekeeper
  • Wedding: June 2011

Yeah she isnt actually being charged with murder. I think most likely the 16yr old who fell asleep may end up facing some charge of neglect/negligence. The actual 5 yr old will most likely not be tried for murder. But there should definitely be some consequences

Post # 16
Member
13099 posts
Honey Beekeeper
  • Wedding: July 2010

What a tragic situation.

While I don’t think that the 5-year old should actually be charged with murder, I also don’t buy that she was completely unaware and not understanding what she was doing.  5-year olds can understand death and killing – I just don’t know that they are capable of intent.

That said, completely normal children don’t just hold their siblings under water while the sibling trashes and struggles to break free and breathe, IMO.

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