Ex- workers in hot- van death freed on bond

West Memphis facility fired 4 women after boy left in seat

WEST MEMPHIS — Four former day care workers charged in the death of a 5- year- old disabled boy who was left inside a sweltering van for hours last week were released from jail Monday on $ 20,000 bonds.

The four former employees of the Ascent Children’s Health Services facility were charged with felony manslaughter. Police said they left Christopher Gardner Jr. inside a day care transport van for eight hours June 12 while temperatures in the vehicle soared to 141 degrees.

The facility, which provides care for developmentally disabled children, fired the four women last week.

Kendra Washington, 40, the designated safety inspector for Ascent, and Pamela Lavette Robinson, 43, the person who travels in the van to ensure the passengers’ safety, surrendered to police Friday.

Felicia Ann Phillips, 42, the van’s driver, and Wanda Taylor, 43, a transportation supervisor for Ascent, turned themselves in to police Monday morning just before all four appeared in West Memphis District Court.

In a brief hearing, District Judge Fred Thorne upheld an earlier bond of $ 20,000 set for each woman by Circuit Judge John Fogleman of West Memphis.

All but Robinson had retained attorneys who were present in the courtroom Monday. Robinson told Thorne she tried to contact an attorney Friday but he was on vacation.

Thorne scheduled the women’s plea date for Juy 31 in Crittenden County Circuit Court in Marion.

None of the suspects would comment after Monday’s hearing.

Attorney Howard B. Manis of Memphis, who represents Phillips, said he would not comment on the case until after the July 31 Circuit Court hearing. He confirmed that all four of the women were released on bonds Monday.

Christopher Gardner Sr., the boy’s father, shook his head and walked away when asked for a comment Monday.

A couple who said in court they were the grandparents of Christopher Gardner Jr., also declined to comment after the hearing.

According to police, the facility’s 15- passenger van picked up the 5- year- old boy at his home at 6: 30 a. m. June 12 and took him to Ascent on West Tyler Avenue, just west of the West Memphis School District’s administrative offices.

Workers there unloaded the children and Phillips parked the van in the facility’s lot, leaving Christopher strapped in a car seat in the back of the van, according to West Memphis Police Department Capt. Joe Baker.

Taylor told authorities she signed documentation that the youngster was removed from the van and was taken inside the facility, even though he remained inside the bus.

Phillips returned to the van about 3 p. m. and drove it to the center’s entrance to board children for their return home. She turned the van’s air conditioning on to cool the hot interior but did not see the youngster, who was still

in the back, Baker said.

Police said Christopher freed himself from the child seat and moved to a seat across the aisle in the bus. Authorities found his body sitting upright. He had taken his shirt off and one shoe was off his foot.

Prosecuting Attorney Scott Ellington said Monday that he chose to charge the four with felony manslaughter rather than negligent homicide because of the circumstances that led to the boy’s death.

“We felt this rose to the level of reckless conduct that caused a death as opposed to negligence,” Ellington said.

If convicted, the four could be sentenced to up to 10 years in prison. The maximum jail sentence for negligent homicide is one year, Ellington said.

Arkansas Department of Human Services investigators were at Ascent on Monday looking at the facility’s vehicles, spokesman Amy Webb said. The facility had been closed until Monday because of an outbreak of shigella, an infectious bacteria that causes stomach cramps, fever and

diarrhea.

State licensing of child care facilities requires drivers walk the length of the van after children have been taken off the van to ensure no one is left, Webb said. Facilities also are required to keep rosters of all children who board vehicles so workers can check them off once they are inside their destination.

Webb said vehicles also are mandated to have timed buzzers in the back of vehicles that require drivers or adult riders to walk the length of the vehicle and check to make sure no one remains on board before disengaging the alarm.

Baker said the buzzer on the Ascent van that Christopher rode to the center was deactivated.

Webb said investigators were trying to determine if Ascent violated child care licensing requirements and non- emergency transportation regulations.

“Our goal is to ensure facilities are safe and follow all regulations and guidelines,” Webb said. “Families depend on these facilities for services.”