Are Fatal Sleeping Accidents a Crime? Prosecutors Differ

Consider the case of a parent who has too much too drink, or takes illegal drugs, and then falls asleep in the same bed with his or her baby. Sometime during the night, the parent rolls onto the baby and kills the child. Is the mishap a crime?

Prosecutors are reaching differing answers to that question, the Wall Street Journal (sub. req.) reports. In one case, Indiana father Darik Morell was charged with neglect of a dependent resulting in death after he accidentally suffocated his 6-month-old son while sleeping. Authorities blame Morell on the ground he had methamphetamine and marijuana in his system the night his son was killed.

The issue, according to the story: “At what point does carelessness, absent malicious intent, become punishable by criminal law?” Some prosecutors choose to prosecute to send a strong message about the dangers. Others feel the tragedy is punishment enough.

Another issue for prosecutors is how to prove such cases. A jury in Fort Myers, Fla., last week acquitted a man in the rollover death of his 1-month-old child, even though he had a blood alcohol level of 0.21 and cocaine in his system the night of the accident, the newspaper reports. Defense lawyers had argued their client was so drunk there was a reasonable doubt whether he was the person who placed the baby in bed with him.