TBO.com - TBO is Tampa Bay Online

Judge Frees Mom Convicted In Baby's Tub Death

Tribune file photo by SCOTT ISKOWITZ

A jury acquitted Katrina Brooks of aggravated manslaughter of a child in May.

ADVERTISEMENT

By THOMAS W.  KRAUSE | The Tampa Tribune

Published: August 11, 2008

TAMPA - A judge today threw out a jury's determination that a 21-year-old woman was guilty of neglect in the death of her 9-month-old son, who was left in a bathtub last year.

In May, a jury acquitted Katrina Brooks of aggravated manslaughter of a child, but the jurors determined she was guilty of the lesser charge of child neglect.

Today, Circuit Judge William Fuente ruled that child neglect must be a "willful" act. That means Brooks must have voluntarily broken the law. The evidence at trial did not support that contention, Fuente ruled.

Brooks, therefore, is free of all criminal wrongdoing in the death of her son, although the state can appeal.

Had Brooks been convicted on the manslaughter charge, she could have faced up to 30 years in prison. The child neglect conviction could have imprisoned her for up to five years.

On Aug. 3, 2007, Brooks' aunt went to her niece's mobile home for a visit. Brooks put her son, Gene Vincent Kent, in a tub with her 2-year-old daughter. The water was running.

Her aunt, Sherrill West, testified at trial that they spoke for about a half-hour. When West began to leave, she heard Brooks scream from the other room. Brooks found Gene floating in the water.

At trial, the medical examiner said it is not possible to tell how long the baby had been underwater and said the child could have drowned in one to five minutes.

Sheriff's deputies initially reported that Brooks left her child in the tub while she was talking about a drug deal. Although Brooks' aunt said she and Brooks mentioned marijuana, she said it was only a brief part of their conversation.

The jury was not told about the marijuana discussion because it would have been overly prejudicial and there was no evidence Brooks had smoked marijuana that day, Fuente ruled before the trial.

Brooks declined to comment after today's ruling.

Brooks' attorney, Assistant Public Defender Samantha Ward, said Brooks was amazed by the judge's decision and took a while to realize that all the charges against her were dismissed.

"She finally realizes it's all over," Ward said.

Brooks' daughter has been in foster care with relatives since the boy's death. Ward said Brooks has supervised visits with her daughter daily and hopes to regain custody soon. She is working with a caseworker on a plan for reuniting with her daughter.

"She hasn't violated one condition," Ward said. "She's completed everything they've asked her to do."

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT