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Dead child or dead dog — which deserves jail time?

Posted on September 06, 2007 by JP Smith

Imbalanced LawOver the last few weeks, in Cincinnati, the world’s turned upside-down. We have seen two cases which, once again, call into question issues of race and class as they pertain to law enforcement in this area.

On August 23, Brenda Nesselroad-Slaby, a school Vice-Principal, left her 2-year-old child in her car while she went to work. According to Nesselroad-Slaby, she broke from her normal routine and stopped to pick up doughnuts for her staff. She stated that the child had fallen asleep and that she simply forgot that her child was in the car when she went into work. The child died in a hot car where the temperature exceeded some 100 degrees. Interestingly enough, while she didn’t remember leaving her child, she did remember the doughnuts she left in the car. Video shows her going back to the car for the doughnuts but leaving her daughter in her car seat.

Nessleroad-Slaby was not charged in her daughter’s death.

Now, Some might say that this is just an accident. I would counter that this was an accident waiting to happen. Nessleroad-Slaby had previously left her daughter unattended in her vehicle on three separate occasions. Prior to the child’s death, the most recent had been the same week in which the child died — Nessleroad-Slaby left the child alone in the car for 10 minutes. In fact, she had been warned by a former administrator of her other daughter’s preschool about the dangers of leaving the child alone in the car when another parent saw the child had been left alone in the car this past winter.

To contrast this, let’s look at the case of Lavonn Smith. Thankfully, today, she was released from jail. Who did she kill? A better question would be what did she kill or, better yet, what died in her yard?

Well, a pit bull that was tied up in her back yard died after being hung up on a tangled chain. So, Smith was convicted of animal cruelty and failure to register the animal. However, it may very well be the case that it was her 14-year-old nephew that tethered the dog in the yard, which he says was a stray animal that just wouldn’t leave. It is very likely that Smith did not even know the animal was there. In fact, Judge Russell, herself, said that she did not believe that Smith left the animal but, that she was still responsible as the property owner. The dog had been there about four days before it was discovered.

Prior to today’s release, Smith had been in jail for nearly 3 weeks after being denied bond by Hamilton County Municipal Court Judge Heather Russell. However, heat from family, community activists and the local NAACP must have swayed the opinion because now she will not serve any more jail time (she was facing up to six months in jail and a $1000 fine). Smith is a single working mother of two-year-old twin boys who could still lose her job and the place she rented.

If you haven’t surmised, Nessleroad-Slaby is white and Smith is black.

So, they question is — why send a mother to jail over a dead dog but not over a dead child, particularly when the latter had a history of leaving the child in a dangerous situation?

UPDATE: I see that I am not the only person who believes that Brenda Nesselroad-Slaby should have faced charges.

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4 Comments

  1. Ellen Masby

    You disgust me. How DARE you judge anyone. Oh - ofcourse you can. You are black. The only group of people in the ENTIRE world who have ever endured anything. We ALL make mistakes of varying degrees everyday. The woman with the dog KNOWINGLY left that dog out in her yard to rot. Have we not heard enough in the last few days that dogfighting and lack of care for dogs is a black/cultural identity? That mother did NOT KNOWINGLY leave her daughter in her car. She was NOT the parent who normally dropped her child off at daycare - her husband did. The police verified that only ONE time was she warned by an administrator not to leave her child in her car unattended. Your reporting illustrates your utter lack of intelligence and your “opinions” show your arrogance.


  2. JP Smith

    Ellen,

    You disgust me with your inability to read. If you actually read the post, I indicated that the mother had been warned ONCE by an administrator but, in fact, had left the child unattended at least 3 TIMES. This indicates a pattern that could, and did, spell trouble for that child. The same week, she left the child alone in the car for 10 minutes. This left the child vulnerable for heat-related issues (how many 90+ days have we had in the Cincinnati area?) or abduction. In the case of the dog, the judge herself felt the woman did not leave the dog out there. So, it’s clear that you have done NO research on what you’re chastising me for and it is you that is making excuses for parental neglect.


  3. Apryl N Paris

    What about the MOTHER that made her way to the car to get the doughnuts?

    Yes, it was an accident (Ok, I really don’t believe that, but I’ll settle for an ‘accident’ ruling), but there is a dead human being left in the wake of that accident.

    Since when does the death of a person have to be planned out in order to be a chargeable offense?

    I believe this should go to court for a group of the accused’s peers to decide. It shouldn’t be glossed over


  4. Chad

    I think you must know the circumstances behind the case, and also it is important to remember that she did not kill the child on accident. Should some charges have come against her probably so, but they will not compare to the guilt and pain she will have to suffer through of knowing that the death of her child was due to her own negligence.



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