Grandmother faces capital charge in death of Alabama third-grader

[tessaesque]

Good. This is exactly what should happen

Alabama prosecutors will seek the death penalty against a grandmother who authorities say forced her granddaughter to run as punishment for eating chocolate, an official said Tuesday.
Joyce Garrard, 46, is facing a capital murder charge in her granddaughter's death, said Heather Rickles, a spokeswoman for the District Attorney's Office in Etowah County, Alabama.

Authorities say Savannah Hardin died last month after her grandmother and stepmother forced her to run around the family's house for three hours as punishment for lying about taking a chocolate candy bar.

A grand jury also indicted stepmother Jessica Mae Hardin, 27, on a felony murder charge, Rickles said. That means she will not face the death penalty if convicted.

Grandmother faces capital charge in death of Alabama third-grader - CNN.com

 

[jambalaya]

Stupidity knows no bounds.

I wonder if everybody would hate me if I told the joke that came into my head as I was reading your post.

 

[Aunt Spiker]

wow - that's shocking and mortifying.

 

[Simon W. Moon]

I wonder if they're charging he w/ a capital offense because they don't expect to get a conviction?

I suspect that the criteria for a capital conviction are more stringent than for some of the other charges that could have been filed.

 

[Kreton]

I am sure some of the some people from the 3 year old shooting thread are going to read this article.

So for those of you who think that a persons conscience is enough of a punishment, should this grandmother be let off too? Since she probably feels bad about it?

 

[Simon W. Moon]

I am sure some of the some people from the 3 year old shooting thread are going to read this article.

So for those of you who think that a persons conscience is enough of a punishment, should this grandmother be let off too? Since she probably feels bad about it?

I don't think that capital charges are appropriate. I highly suspect that the prosecution won't be able to get a conviction on them.

I doubt that the Gma intended any harm to the child. It's a serious thing that happened, so its appropriate that there be some serious consequences. And the loss of a family member should be considered when determining what further consequences the State will deem fit for this woman.

 

[tessaesque]

I don't think that capital charges are appropriate. I highly suspect that the prosecution won't be able to get a conviction on them.

I doubt that the Gma intended any harm to the child. It's a serious thing that happened, so its appropriate that there be some serious consequences. And the loss of a family member should be considered when determining what further consequences the State will deem fit for this woman.

She forced her to run for over three hours without stopping. In fact, that only reason the girl stopped is because she collasped in convulsions. That would definitely cause harm to just about anybody, but especially a child with a bladder disorder.

 

[Kreton]

She forced her to run for over three hours without stopping. In fact, that only reason the girl stopped is because she collasped in convulsions. That would definitely cause harm to just about anybody, but especially a child with a bladder disorder.

Yea this is a capital crime. The grandmother even stood out there screaming at that child.

 

[Simon W. Moon]

She forced her to run for over three hours without stopping. In fact, that only reason the girl stopped is because she collasped in convulsions. That would definitely cause harm to just about anybody, but especially a child with a bladder disorder.

Be that as it may it doesn't speak at all to the Gma's intentions.

 

[Enola]

Torture and death of the child. Grandma needs the death penalty. I also hope Bertha connects with her in lockup and makes her life as miserable as possible until a needle can be inserted. And yes...I'd push the plunger and laugh in her face as I did it.

 

[DiAnna]

Be that as it may it doesn't speak at all to the Gma's intentions.

The grandmother might not have intended to kill the child, but the grandmother damned well intended to do great bodily harm to the child and the child died as a result. I'm a bit surprised that the charge isn't negligent homicide instead of capital murder. I don't see how they can possibly prove premeditation, although criminal negligance would be a given.

The act was so heinous, however, I'm fine with it. I just don't want to see Grandma skate because the DA overcharged what the evidence can prove.

 

[jambalaya]

I see the charge as a response to the outrage they knew everyone would have over this crime. I understand the outrage but just don't think a capital murder charge is going to stick. Voluntary manslaughter or negligent homocide maybe.

 

[Maxientius]

I am sure some of the some people from the 3 year old shooting thread are going to read this article.

So for those of you who think that a persons conscience is enough of a punishment, should this grandmother be let off too? Since she probably feels bad about it?

Those are completely different circumstances taken completely out of context. The Grandmother didn't leave the daughter's legs in the yard (with the safety off) on auto run until the girl died. The father made a mistake and paid dearly for it. The Grandmother was just stupid and abusive to her child.

The grandmother might not have intended to kill the child, but the grandmother damned well intended to do great bodily harm to the child and the child died as a result. I'm a bit surprised that the charge isn't negligent homicide instead of capital murder. I don't see how they can possibly prove premeditation, although criminal negligance would be a given.

The act was so heinous, however, I'm fine with it. I just don't want to see Grandma skate because the DA overcharged what the evidence can prove.

It's unlikely the Capital charge will stick. Still, the grandmother HAD to have known what would eventually happen by making the kid run continuously. So you never know.

 

[Peter King]

I do agree this woman deserve a heavy prison sentence for what she did but the death penalty? It might have been cruel but I doubt the grandmother would have done this punishment to kill her grandchild. She wanted to punish the child and went overboard, manslaughter maybe but murder and the deathpenalty? I disagree.

20 or 15 years prison sentence would more than suffice IMHO.

I also disagree with the deathpenalty as a punishment. Life in jail with no possibility for parole should be the toughest sentence allowed IMHO.

 

[liblady]

She forced her to run for over three hours without stopping. In fact, that only reason the girl stopped is because she collasped in convulsions. That would definitely cause harm to just about anybody, but especially a child with a bladder disorder.

grandma has serious mental problems and should be put away for awhile. it's doubtful she cared about the girl, or she wouldn't have done what she did.

 

[Kreton]

It's too bad that we cant force grandma to run till she dies.

 

[tessaesque]

The grandmother might not have intended to kill the child, but the grandmother damned well intended to do great bodily harm to the child and the child died as a result. I'm a bit surprised that the charge isn't negligent homicide instead of capital murder. I don't see how they can possibly prove premeditation, although criminal negligance would be a given.

The act was so heinous, however, I'm fine with it. I just don't want to see Grandma skate because the DA overcharged what the evidence can prove.

From what I've read, the bus driver for the girl's school bus overheard the grandma say something like, "I'm gonna run you 'til you can't run no more." That statement would suggest intent to drive the child to the point of collapse (physical or emotional??). I'm betting, if that's true (the statement being made, that is) that it has something to do with the selected charges.

 

[Connery]

From what I've read, the bus driver for the girl's school bus overheard the grandma say something like, "I'm gonna run you 'til you can't run no more." That statement would suggest intent to drive the child to the point of collapse (physical or emotional??). I'm betting, if that's true (the statement being made, that is) that it has something to do with the selected charges.

The standard is reckless indifference to human life. They should put the grandmother on a gigantic hamster wheel in her prison cell nand let her run her butt off that way.

Reckless/extreme indifference to human life would qualify as well. The following statute is silent when it comes to the age of the victim.



The Alabama Murder statute:

"§ 13A-6-2. Murder.

(a) A person commits the crime of murder if he or she does any of the following:

(2) Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person."

 

[Gipper]

On the other side of it, if more parents did this, Alabama wouldn't be #1 (or a very close #2 to Mississippi) in obesity, heart attacks, etc.

I live in a land where people can go to fairs and get Snickers bars and Oreos deep fried for consumption. God, they even fry pickles down here. Pickles. Then dump them in fatty Ranch dressing.

 

[Kreton]

On the other side of it, if more parents did this, Alabama wouldn't be #1 (or a very close #2 to Mississippi) in obesity, heart attacks, etc.

I live in a land where people can go to fairs and get Snickers bars and Oreos deep fried for consumption. God, they even fry pickles down here. Pickles. Then dump them in fatty Ranch dressing.

Thats done everywhere. I tried the fried pickles once. It really wasnt too bad of a taste.

 

[dontworrybehappy]

I see the charge as a response to the outrage they knew everyone would have over this crime. I understand the outrage but just don't think a capital murder charge is going to stick. Voluntary manslaughter or negligent homocide maybe.

Yea, just like typical Americans, they're getting their emotions involved.

It seems that anything involving a child makes people become illogical in their thinking. As a child, as a punishment, I was forced to push mow my parents yard. In July. I got hot as hell doing it, even dizzy, but I sure as hell didn't backsas my mom again. If I'd have died, would she have deserved the death penalty? Absolutely not. Their must be premeditation, and there obviously is not, so that's out. If they don't drop the charges to something that will stick, she could walk.

Do I think she should walk? No. I think that an accidental death occurred through negligence on the part of the grandma. 5-10 years, tops with parole. A child died. The grandma did NOT kill her directly, did not PLAN on killing her, etc. Sorry, no death penalty. Not even close, honestly.

 

[Connery]

Yea, just like typical Americans, they're getting their emotions involved.

It seems that anything involving a child makes people become illogical in their thinking.

Their must be premeditation, and there obviously is not, so that's out. If they don't drop the charges to something that will stick, she could walk.

Do I think she should walk? No. I think that an accidental death occurred through negligence on the part of the grandma. 5-10 years, tops with parole. A child died. The grandma did NOT kill her directly, did not PLAN on killing her, etc. Sorry, no death penalty. Not even close, honestly.

No the standard is in post number 18.

 

[jimbo]

The standard is reckless indifference to human life. They should put the grandmother on a gigantic hamster wheel in her prison cell nand let her run her butt off that way.

Reckless/extreme indifference to human life would qualify as well. The following statute is silent when it comes to the age of the victim.

The Alabama Murder statute:

"§ 13A-6-2. Murder.

(a) A person commits the crime of murder if he or she does any of the following:

(2) Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person."

That's Alabama murder law. Capital murder is slightly different. The word intentional is used.

This a terrible set of circumstances, the grandmother obviously let her emotions overrule her common sense. Punished, yes, Capital murder, not so,.

 

[jimbo]

Rereading the Alabama law, there is a provision for capital murder for any murder of a person under 14 years of age. That has got to be what the prosecution is hanging his hat on. Good thing I am not on the jury. No way. I do not believe that any life is more important than any other.

(15) << Murder>> when the victim is less than fourteen years of age.

 

[Connery]

That's Alabama murder law. Capital murder is slightly different. The word intentional is used.

This a terrible set of circumstances, the grandmother obviously let her emotions overrule her common sense. Punished, yes, Capital murder, not so,.

I agree in fact we were discussing that in another thread......Murder would be the charge I would pursue.

The grandmother and the step mother were charged subsequent to the state pathologist ruling the death a homicide. Subsequently, they were charged with murder. Now Etowah County District Attorney Jimmie Harp said his office is considering whether to charge the two with capital murder rather than murder. To obtain a capital murder conviction, Harp said he would have to prove the two intentionally killed Savannah. The standard for capital murder and murder are different as well as the punishment. I would think there are lesser charges, but, I have not seen the criminal complaint.