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Jury: Baby's Drowning Was Neglect, Not Manslaughter

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By THOMAS W. KRAUSE

The Tampa Tribune

Published: May 21, 2008

TAMPA - A young mother whose 9-month-old son drowned in a running bathtub while she was having a conversation in the next room is not guilty of aggravated manslaughter of a child but is guilty of child neglect, a jury determined Tuesday.

When the clerk read the verdict, family and friends of Katrina Lynn Brooks clapped and cheered briefly before a court bailiff admonished them and the court quieted.

Then the clerk read the guilty verdict for the lesser charge.

Brooks, 21, lowered her head. She sat down, put her face in her hands and began to cry.

Circuit Judge William Fuente set a sentencing date of June 27. Brooks faces a maximum of five years in prison, but with no other criminal convictions, it is possible she will serve probation rather than prison, Assistant State Attorney Anthony Duran said.

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

Initially, she told Hillsborough County sheriff's deputies that she left them alone for only a few minutes while she went to answer the door.

Her aunt, Sherrill West, testified Monday that they had been speaking for about a half hour when West began to leave.

That's when she heard Brooks scream from the other room. Brooks found Gene floating in the water.

At the time of Brooks' arrest, sheriff's officials said a medical examiner's investigation revealed that the baby had been under water for 20 to 30 minutes. At trial, however, the medical examiner said it is not possible to tell how long the baby had been under water and said he could have drowned in one to five minutes.

Deputies also had said Brooks left the children alone while she was having a conversation about marijuana.

Monday morning, however, Fuente ruled that the jury could not hear that allegation.

The marijuana discussion, Fuente ruled, was overly prejudicial, and there was no evidence Brooks had smoked marijuana that day.

Assistant Public Defender Samantha Ward repeatedly told the jury the boy's death was accidental.

Had Brooks been convicted of the most serious charge, aggravated manslaughter of a child, she could have faced up to 30 years in prison.

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

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