Charges Dropped for Worker at Illegal Bristow Daycare After Death of Baby

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Police charged Mirna Mendez and Yolanda Larin (Left to Right) with five counts of child endangerment resulting from the operation of an unlicensed daycare facility in a house in Bristow. Credit: Prince William County Police

One Bristow childcare employee has been cleared of all charges at a trial on Tuesday, Nov. 11, following the death of three-month-old Teagan Sample at an unlicensed in-home daycare in March of 2012.

Mirna Mendez, 42, of Woodbridge was cleared on all five counts of child endangerment Tuesday, after her attorney motioned that all evidence be struck from the case.

According to News4 NBC, Washington, the judge agreed that that Mendez was innocent of all charges, saying there was not enough evidence to convict her of criminal negligence. Further, as an employee, she was not responsible for the situation at her workplace.

Mendez’s attorney said in Virginia there must be evidence of a “wanton” display of “gross criminal negligence” before a caretaker’s actions are considered criminal.

At the in-home daycare, only two daycare providers, Mendez and Yolanda Larin, 50, of Manassas, were watching 23 children ranging in age from three months to four years. Five of those children were infants.

Although the children were clean and fed, Prosecutor Sandra Sylvester argued there were too many of them to be properly cared for by two daycare providers. She believed the skewed ratio created an unsafe environment ripe for "disaster." Further, when 911 responders entered the home to try to revive the child, they found children strapped to highchairs and propped on sofas.

Larin is scheduled for her trial in February, but it is likely that charges against her will also be dropped.

Mendez’s attorney spoke  on her behalf, saying that, “She was put in this situation. She cared her best for those children. She did the best that she could to the extend that she feels bad that Teagan Sample lost her life. Obviously, everyone is very very upset by that.”

Both the owner of the daycare and her husband pleaded guilty to charges, but received suspended sentences.

Teagan’s parents were disappointed by the outcome of the case.

“I place the blame on a system that doesn’t really value children,” said Sylvester, who said she hopes this incident will prompt stricter regulations in Virginia, saying that currently, “Children do not have a voice.”

Teagan was found lifeless by EMT responders at the Bristow daycare. Though the exact cause death not found, doctors believe it not to have been caused by SIDS.

Licensed daycares in Virginia require that there be one adult for every four infants, one adult for every five toddlers and one adult for every eight children ages 2-4 years. However, unlicensed daycares can care for up to five children.

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