Belnap: No charges in Hurricane baby death

ST. GEORGE – The Washington County Attorney's Office announced Wednesday it will not pursue criminal charges in connection with the death of a Hurricane infant who was left in a hot car for more than an hour Aug. 1.

County Attorney Brock Belnap said that after reviewing the facts of the case and consulting with experts in criminal behavior and the psychological impairment that results from a change in routine, his office determined that justice would not be served by asking a jury to convict April Suwyn of a crime in connection with the death of her 11-month-old daughter Skyah.

Skyah was left in her car seat for about two hours at a time when temperatures outside the car were between 83.9 and 89.6 degrees – measured by a nearby weather substation.

Belnap said the purpose of criminal prosecutions is to protect the community from dangerous offenders, deter future criminal behavior and rehabilitate career offenders, none of which applies to the circumstances of Suwyn's case.

Prosecutions also seek to ensure the punishment of offenders involved in serious offenses against society, but in Suwyn's case the death of her daughter was in itself a punishing consequence, Belnap indicated.

"In light of the terrible penalty she's already paid, it doesn't make sense in my mind (to file charges), and isn't in the interest of justice," Belnap said. "We have to look at what's in the interest of justice and what goals are to be achieved."

Belnap laid out prosecutors' reasoning in a letter Wednesday to Hurricane Police Chief Lynn Excell.

The letter recites a timeline of events established through the Hurricane Police Department's investigation of the incident and the County Attorney's Office's followup investigation.

According to the letter, Skyah had been teething and April had not been feeling well for several days, which disrupted their sleep and may have affected April's judgment. The letter notes that the normal routine April followed in caring for her children also was disrupted on the day when Skyah died, and a combination of potential distractions apparently led to an "inadvertent lapse of awareness."

"Investigators ruled out any use of prescription drugs, illegal drugs, or controlled substances by April," the letter read. "Investigators consulted with forensic examiners from the FBI's Behavioral Analysis Unit to identify red flags of intentional wrongdoing. Investigators concluded that April's conduct was consistent with inadvertent lapse of awareness and there were no indicators of willful bad acts. April's conduct after the discovery of her child's death was appropriate."

April reported she had awakened at some point in the morning to play for about three hours with Skyah before going back to bed for another hour, then making breakfast for Skyah and her two sons at 8:30 a.m.

After a brief visit with a friend at 10 a.m., April took the children with her to wash the car before taking her sons to a babysitter's home a few blocks away from their home. The letter states April had an appointment to do a neighbor's nails and would normally leave Skyah with April's sister at home, but on Aug. 1 there was no one to watch Skyah, so April took the infant with her while dropping the boys off at the babysitter's home and then returned home for the nail appointment.

While dropping off the boys, April took the unusual step of getting Skyah out of the car seat and then asking herself, "'Why am I taking her out of her car seat,' knowing that Skyah was coming home with her," the letter states. "April hugged and held Skyah, who was awake at that time, and then put her back in the car seat."

Construction crews were working on the street where the Suwyns live, so April had to park on an adjacent street. A construction worker talked to her as she stepped from her car, which diverted her attention, according to the letter. She then went home to use the bathroom prior to the arrival of the nail appointment, believing Skyah was now sleeping in her crib as part of her regular nap time, according to the letter.

"April can not explain why she had a lapse of awareness regarding her daughter," the letter read.

After finishing the nail appointment and visiting with another friend, April went to pick up her sons at the babysitter's house, believing Skyah was still peacefully sleeping in her crib at home a few blocks away.

It was when April was putting her young sons in their seats in the back of the car that she discovered Skyah and began seeking medical help.

An autopsy by the State Medical Examiner's Office ruled the death an accident as a consequence of hyperthermia. A national expert on inadvertent lapse of awareness consulted by the County Attorney's Office said he does not believe the memory lapse is an act of negligence.

Belnap said a decision on whether to prosecute someone on the grounds of negligence in an apparent accidental homicide is not a simple one, but a combination of relevant factors usually provides clarity on what course to pursue.

"We wrestle with that all the time in talking about what is the standard of proof. Sometimes we say we're just going to let the jury determine that," he said. "But a lot of times we make a decision on 'What would a reasonable person do in this circumstance?' — and that's very subjective. … Personal injury lawyers can still make a case for simple negligence. The (negligence) standard is lower (in a civil lawsuit) and the burden of proof is lower."

Follow Kevin Jenkins on Twitter, @SpectrumJenkins.

On The Web

To read Washington County Attorney Brock Belnap's letter to Hurricane Police Chief Lynn Excell, click on the story link on TheSpectrum.com.