A former babysitter in Florida has received a three-year prison sentence after pleading guilty in connection with the death of a man she was accused of injuring as a baby in her care 40 years ago. Terry McKirchy, 62, admitted she harmed Benjamin Dowling and pleaded guilty to manslaughter in a Broward County courtroom on Wednesday. A judge sentenced her to three years in prison, followed by ten years of felony probation.
Doctors informed Dowling’s family that he was shaken so severely at five months old that it severed nerves, resulting in severe brain damage. In 1985, McKirchy pleaded no contest to attempted first-degree murder and aggravated battery on a child, leading to a sentence of 60 days in jail on weekends and three years of probation. Dowling lived with severe disabilities until his death at age 35 on September 16, 2019.
In 2021, prosecutors charged McKirchy with first-degree murder, based on a medical examiner’s report that linked Dowling’s death directly to the injuries from 1984. She faced a possible life sentence before pleading guilty to the lesser charge of manslaughter as part of a deal. Rae Dowling, Benjamin’s mother, stated in court on Wednesday that everyone who knew Benjamin was better for it.
Terry McKirchy, 59, charged with murder of shaken baby who died at 35 has been arrested in Texas and charged with the first-degree murder of Benjamin Dowling who died Sept 2019, When Dowling died examiner’s office tied his death to injuries sustained in 1984.🥺”Bloody She Devil!” pic.twitter.com/qiF4tpNdFU
— Sumner (@renmusb1) July 27, 2021
She detailed how the family and community supported Benjamin, providing him with as much opportunity and adventure as possible, despite his limitations. “Benjamin never experienced traditional school, homecoming dances, senior prom, or graduation. He never drove a car, had a girlfriend, or played with his siblings,” she said. “He was unable to express love to his family.” Rae Dowling continued, “Benjamin was profoundly disabled every minute of his 35-year life because of what Terry McKirchy did on July 3, 1984.”
The Dowlings met 22-year-old McKirchy through a relative of Benjamin’s father, trusting her with Benjamin’s care due to her childcare experience. Rae Dowling read from a journal entry describing the condition she found her son in when she picked him up from McKirchy’s house that Tuesday in July. “He was in his car seat, pale, with clenched fists, moaning and staring into space. He didn’t recognise me. I knew something was wrong and left immediately,” she read.
She took Benjamin to the hospital, where doctors, suspecting trauma, called the police. “For all intents and purposes, Benjamin’s short, 173-day, five-month and three-week life was over,” she said. As part of her plea agreement, McKirchy wrote a letter of apology to Benjamin’s parents, which her lawyer read aloud in court.
“I remember feeling overwhelmed and exhausted while looking after all the children in my home. In that state, out of impulse and anger, I struck Benjamin while he and other children were crying,” the letter read. “Your lives and Benjamin’s well-being were harmed by me. I am truly sorry,” it continued. A lawyer for McKirchy declined to comment when reached.
Medical experts describe shaken baby syndrome as a type of abusive head trauma caused by violent shaking or shaking and impacting a baby’s head, potentially leading to death or permanent neurological disability, according to the National Center on Shaken Baby Syndrome. The centre notes that about 80% of victims suffer lifelong disabilities, and around 25% die from their injuries.
Babies under a year old are most at risk of abusive head trauma, according to the US Centers for Disease Control and Prevention. Most victims experience long-term health issues, including vision problems, hearing loss, developmental delays, and physical disabilities. Experts say this abuse often occurs when caregivers shake babies out of frustration or anger due to inconsolable crying.
Recently, a trend has emerged defending those accused of causing abusive head trauma, with some witnesses claiming the science behind shaken baby syndrome is debunked. Some medical authorities now use the term “abusive head trauma” instead of shaken baby syndrome to acknowledge that abuse can result from actions other than shaking. Despite some misinterpretations of this wording shift in legal and medical circles, research by the American Academy of Pediatrics confirms this type of trauma is real and preventable.
The academy advises paediatricians to watch for signs of abusive head trauma and report suspected cases to authorities.
What Other Media Are Saying
- CBS58 reports that Benjamin Dowling, who suffered a head injury as a baby in 1984, died more than three decades later, with his former babysitter, Terry McKirchy, pleading guilty to his death.(read more)
- CBS News reports that Terry McKirchy, a former babysitter, has pleaded guilty to manslaughter for the 2019 death of Benjamin Dowling, who was severely injured as an infant in 1984.(read more)
- The Washington Post reports on the tragic case of Terry McKirchy, a babysitter accused of manslaughter after allegedly causing the death of a 2-year-old child, highlighting the devastating consequences of childcare negligence and the legal implications.(read more)
Frequently Asked Questions
Here are some common questions asked about this news
Why was Terry McKirchy sentenced to prison?
Terry McKirchy was sentenced to prison for manslaughter in connection with the death of Benjamin Dowling.
What injuries did Benjamin Dowling suffer?
Benjamin Dowling suffered severe brain damage from being shaken as a baby, leaving him profoundly disabled for life.
What is shaken baby syndrome?
Shaken baby syndrome refers to abusive head trauma from violent shaking, potentially causing death or permanent disability.
How long did Benjamin Dowling live?
Benjamin Dowling lived for 35 years before passing away on September 16, 2019.
What did Terry McKirchy plead guilty to in 2021?
In 2021, Terry McKirchy pleaded guilty to manslaughter as part of a plea deal.