Forrest Day, at 16.
At the age of 16, despite being too young to be trusted to drink, drive, smoke, vote, or even get away with skipping school, Forrest Day was prosecuted as an adult for the death of her 8 month old baby. As recounted in the article below, she put her son in the bathtub then got distracted elsewhere in the house by writing poetry - behavior characteristic of a child. It's not even as if she went out partying and left him home alone, beat or shook him, or even filled up the tub.
It doesn't appear that Forrest was even accused of intending to hurt her child. You don't have to will a person harm in order to be charged with negligent homicide, of course, though I suspect they hit her so hard to begin with in order to coerce her into a plea deal on the felony child abuse charges - which I also think were a stretch in this circumstance.
This case may not be entirely a matter of Andrew Thomas' office overreaching again, though. It looks like the state law requires prosecutors to file charges in adult court when certain felonies and violent crimes are involved - when that happens, though, it appears as if that court then has discretion over where the case is heard.
In any event, Forrest's prosecutor was Suzanne E. Cohen. Her office with the Maricopa County Attorney is at: 301 W. Jefferson St., Phoenix, AZ 85003. She's just applied to be nominated as a judge, so this would be a good time to write to her about her take on charging children like Forrest as adults (according to the DOJ's research, it doesn't reduce crime). She just helped prosecute the Baseline Killer and got a few death sentences, so there's a good chance she could end up on the Superior Court bench in the next couple of years.
Forrest was sentenced to probation, and then to prison, by Michael Kemp, a judge from Juvenile Court. I can't tell from the records who actually made the decision to let the state prosecute her as an adult, though. If you have questions about why he did what he did and what he thinks about charging children like her as adults - kids with no criminal record or intent - direct them to him. He can be reached at:
Surprise, AZ. 85374
Sadly, Forrest committed suicide on January 27, 2012 at Perryville Prison on the maximum security yard, Lumley. She was only 19 years old. Hers was one of three prison suicides last week, in fact; she was the youngest. Our condolences go out to Forrest's parents and other loved ones. I can't think of anything more devastating than surviving the loss of one's child.
"I am a close personal friend of the Day family and I want to thank you for trying to bring this tragedy to the people's attention. Forrest wasn't a bad person, she had a lapse in judgement, just like millions of other 16 year old kids do every day. She was funny, kind, loving, artistic and so much more. I believe that the state wanted to use her as an example to other young mothers and it backfired horribly. This young girl never should have been put behind bars in an adult prison with the women who actually committed murder freely and willingly. She did not take her babies life intentionally, it was just a horrible accident.
Day told investigators she was looking for a towel but got sidetracked with poems she was writing, the report states. After checking on Elijah after about five minutes, she said she went into her bedroom, saw her poetry book and started reading some old poems. She said she was gone for about 20 minutes this time.
Day said she went from her room to the living room, to her sister's room, and then outside on the back porch trying to find a quiet place to write. She eventually went into her parents' bedroom and closed the door behind her, according to police documents.
Day's 9-year-old brother and his friend were playing video games in the living room when the friend heard the water running in the bathroom and told her brother. Her brother went to the bathroom and found Elijah floating face down in the water.
He pulled him out of the water and yelled for his sister, the report says. Day tried CPR but when it didn't work, she took him across the street to a neighbor's house. The neighbor called police and administered CPR until police arrived.
Elijah was unresponsive to attempts to revive him, according to the report. He was airlifted to St. Joseph's Hospital and Medical Center in Phoenix, where he was pronounced dead at 4:36 p.m.
She faces one count of Class 2 felony child abuse, a dangerous crime against children; and one count of negligent homicide, a Class 4 felony.