Former Babysitter Pleads Guilty to Manslaughter in 2019 Death: Case of Man Injured as Baby in 1984
A former babysitter, Terry McKirchy, has pleaded guilty to manslaughter for the 2019 death of Benjamin Dowling, a man she was accused of disabling as an infant 40 years ago. McKirchy accepted a plea deal for the death of Dowling, who tragically passed away at the age of 35 after a life of severe disabilities caused by a brain hemorrhage he suffered in 1984 when he was just 5 months old while under McKirchy’s care at her suburban Fort Lauderdale home. Investigators believed she caused the injury by shaking him. In a letter of apology read to Dowling’s parents by her attorney, McKirchy expressed remorse, stating that she was feeling overwhelmed and exhausted by taking care of numerous children and struck him, causing his injuries.
The Case Revisited
McKirchy, who now resides in Sugar Land, Texas, was indicted with first-degree murder by a Broward County grand jury three years ago after an autopsy concluded Dowling died from injuries sustained decades ago. Dowling, as a result of the brain hemorrhage, never developed the ability to crawl, walk, talk, or feed himself, his family has shared. Following the indictment, McKirchy voluntarily entered Broward County Jail on May 29, after having been free on $100,000 bail since shortly after her initial indictment.
This isn’t the first time McKirchy has faced legal consequences in connection with Dowling’s injuries. In 1985, she received an exceptionally light sentence after pleading no contest to attempted murder. At the time, McKirchy was six months pregnant with her third child and was facing a potential 12 to 17 years in prison. However, she was sentenced to weekends in jail until giving birth, at which point she was freed and placed on probation for three years. McKirchy maintained her innocence throughout, stating that she took the deal to put the case behind her and be with her children. Despite her assertions of innocence, prosecutors deemed the sentence “therapeutic” without further explanation. Ryal Gaudiosi, McKirchy’s public defender at the time, deemed the sentence “fair under the circumstances.” Gaudiosi passed away in 2009.
Family’s Struggle and Loss
Rae and Joe Dowling had been married for four years when Benjamin was born on January 13, 1984. Both working parents, they hired McKirchy, then 22 years old, to babysit Benjamin at her home. Rae Dowling recounted to investigators that when she picked up Benjamin from McKirchy on July 3, 1984, his body was limp and his fists were clenched. Rushing him to the hospital, doctors concluded he had suffered a brain hemorrhage from severe shaking. McKirchy was arrested shortly after. The Dowlings expressed their shock at the plea deal McKirchy received in 1985, minutes before a court hearing.
Benjamin’s life was marked by numerous surgeries, including the placement of metal rods along his spine, reliance on a feeding tube for nourishment, and attendance at special schools and rehab programs. Despite his challenges, the Dowlings had two more children and made sure Benjamin was included in family activities. Benjamin passed away at their home on September 16, 2019. In a statement made in 2021, the Dowlings reflected on Benjamin’s life, highlighting the difficulties he faced and the love and care they provided him throughout his life.
Shaken Baby Syndrome and Legal Ramifications
Shaken baby syndrome gained national attention in the 1970s as an explanation for sudden infant deaths and severe injuries in young children without apparent signs of abuse. However, over the past 25 years, research has shown that symptoms associated with shaken baby syndrome can also be caused by genetic conditions, diseases, and accidents. The University of Michigan’s National Registry of Exonerations has documented 29 shaken baby convictions overturned since 2000, shedding light on the complexities and potential misdiagnoses in these cases.
The American Academy of Pediatrics, which now refers to the condition as “abusive head trauma,” reports that approximately 1 in 3,000 babies under the age of 1 are abused annually through shaking, with about a quarter of those cases resulting in fatal injuries. Medical professionals are advised to be vigilant for bruising on the torso, ears, and neck in children under 4 years old, as well as any bruising in infants younger than 4 months, as potential indicators of shaking-related injuries.
Moving Forward
The tragic case of Benjamin Dowling serves as a sobering reminder of the long-lasting impact of child abuse and neglect. As communities grapple with the challenges of identifying and addressing instances of abuse, it is crucial for caregivers, authorities, and society as a whole to prioritize the safety and well-being of children. By raising awareness, providing support to families in need, and advocating for policies that protect children, we can work towards preventing similar tragedies in the future.
In conclusion, the plea deal accepted by Terry McKirchy for the death of Benjamin Dowling represents a complex and emotionally charged legal case that underscores the importance of accountability and justice in cases of child abuse. As we reflect on this heartbreaking story, let us also consider ways to support and protect vulnerable individuals, especially children, from harm and ensure that their voices are heard and their rights upheld.
