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Reported by: Tom McKeePhotographed by: 9News
Clermont County Prosecutor says heat-related death of two-year old was an accident, not a crime.
Clermont County Prosecutor Don White announced Tuesday that there will be no criminal charges filed against Brenda Slaby in connection with the hot-car death of her two-year-old daughter August 23.
"The decision is that this was an accident and child endangering cannot be prosecuted when it's an accident," said White.
Union Township police spent 12 days on the investigation and turned results over to the prosecutor, who made the decision that effectively closed the criminal case.
White said the evidence showed that Slaby "forgot" her daughter, Cecilia, was in the car.
Ceclia Slaby died in her mother's vehicle while it was parked behind Glen Este Middle School, where Brenda Slaby is an assistant principal.
White said child endangering requires an element of recklessness proven in court.
"Recklessness is a perverse disregard for a known risk with needless indifference to the consequences," White said, adding there was no evidence to that effect.
"When you analyze the facts and apply the law, it just doesn't meet the standard," said White.
Brenda Slaby wasn't reachable at home Tuesday, but her attorney, Scott Croswell, said that she was subdued when she heard the news that she wouldn't be prosecuted.
"She's relieved that there's no criminal charge, but it doesn't relieve her from having to deal with personal tragedy," Croswell said.
"I personally doubt that she has come to grips with what has occurred," said Croswell. "I believe that she still is in shock."
White said that Slaby left her Symmes Township house knowing Cecilia was in the car.
She'd had a routine for 20 days or so where she went directly to the babysitter.
The pattern changed that fateful morning, according to White,
"On this occasion she was too early for the babysitter," White continued. "When she realized was too early, she then went to Busken Bakery."
Slaby picked up eight-dozen donuts for meetings she was to hold when she got to school and put them in the her SUV through the rear hatch.
"For whatever reason, she forgot that she hadn't been to the babysitter yet," White said.
A security camera at Glen Este Middle School released on Tuesday shows Slaby backing her car up to the building around 6:54 a.m. to unload the donuts through the hatch.
She was within a few feet of the child seat holding Cecilia in the vehicle's back seat, but apparently didn't see her daughter.
The donuts were taken to two separate areas in the school, then the camera showed Slaby parking her vehicle and walking into the building.
The time was 6:59 a.m.
Cecilia wasn't discovered until 3:15 p.m. that afternoon.
She'd been in the vehicle all day with the windows rolled up.
The outside temperature was around 100 degrees.
The cause of death was ruled as hyperthermia.
The case immediately caused some people to say Slaby should be prosecuted.
Others said the loss of her child was punishment enough.
White said the case was difficult to try and set aside the emotions involved.
"It was difficult for me just like it is difficult for everyone else," said White. "Because I'm just like anybody else, I'm a human being,"
Croswell said he agreed with White's decision because it, "followed the law."
He also seconded the notion that Slaby "forgot" the child was in the car, but said it was an unintentional act.
"The act of forgetting is an act of the mind," Croswell said.
"You do not intentionally forget to do something," said Croswell. "To forget is an unintentional act that is not a criminal act."
"I'm saddened by what occurred, but I feel a great deal of sympathy for my client," Croswell continued. "I can't begin to put myself in her shoes."
Slaby remains on paid administrative leave from her job as assistant principal at Glen Este Middle School.
Croswell said he believes she should be able to get that job back and would like to do so at the appropriate time.
"I have no reason to believe that she's not welcome to return to school," Croswell said. "I know they've been extremely supportive of her as a school family."
West Clermont Schools superintendent Dr. Gary Brooks said the Board of Education will discuss Slaby's job status in an Executive Session on September 10.
Public discussion will occur at a later meeting, Dr. Brooks said.
