DAMIYN MCELVEEN - 3 yo -(2009) Baton Rouge LA

Family comments on day care van death

Posted: Jul 02, 2009 5:51 PM CDT
Updated: Jul 13, 2009 6:31 AM CDT



BATON ROUGE, LA (WAFB) - The family of the three-year-old girl who died after being left in a day care van is questioning why the tragic incident happened.

Little Damiyn McElveen was left in a van at Wanda's Kid's World, Inc. Workers found her body around 3:00pm Wednesday afternoon. Thursday, the Department of Social Services revoked the center's license, shutting it down immediately.

Damiyn's father, Melvin, says he buckled all four of his children into the Wanda's Kids World van and even signed the sheet. He says that's been the same routine since the kids started going to the day care in January. The child's family members say they can't understand how three of the kids made it off the van and no adults noticed "Mani," as she was called, was missing. They say they will remember her smiling little face. It was the face of an angel says Damiyn's aunt.

"It's hard, it's hard and I can't deal with this no more," said Margarita Whitsett, the little girl's grandmother. "I'm tired of innocent children getting hurt for no reason." Wednesday, Baton Rouge police drove the other three children home, but the news of what happened to the fourth child brought their mother to tears. "They turned around and they seen homicide," said Marcia Vasquez, Damiyn's aunt. "She broke down because she realized one of her babies was missing."

Family members are struggling to understand what happened at Wanda's Kids World and how little Mani was forgotten. "You take these children and bring them in the day care. You don't take counts? But my son had to sign and make sure all his children was on here," said Whitsett, holding back tears. "They come in a packet of four, so when they realized it was only three, they should have automatically assume something happened," said Anthony McElveen, the children's cousin.

The family says the children's father buckled in Damiyn and her two-year-old sister next to each other in the van. They say the two-year-old was sitting next to the window. "That makes no sense to me, ‘cause how did you get one baby out that was on the other side and didn't get this other baby out?" asks Vasquez. She says Damiyn's four-year-old brother asked teachers at Wanda's day care where his sister was.

Even late Wednesday night, he was still asking. "And that's sad that my grandbaby's there. He knows. He told it to his auntie. ‘Mani's gone, Mani is gone.'" They say their angel would still be here if workers had followed procedure and checked the van. "Throw the book at them. Throw the book at them. Just lock 'em up," McElveen says.

So far, no charges have been filed against day care owner Wanda Connor. Autopsy reports show Damiyn McElveen died from hyperthermia, or over-exposure to heat. The family has set up an account at Chase Bank under Damiyn's name to help with burial costs.

http://www.wafb.com/story/10638248/family-comments-on-day-care-van-death?clienttype=printable

Daycare workers sentenced in child's death

Posted: Nov 10, 2011 5:16 AM CST
Updated: Nov 10, 2011 1:23 PM CST

BATON ROUGE, LA (WAFB) -
Two women accused in the death of a toddler pleaded guilty to charges Thursday, but the judge was not pleased with the agreed upon punishment.

Myandrea Thomas and Michelle Veals pled guilty to negligent homicide in the death of Damiyn McElveen, 3, who died after being left in a hot daycare van.

The agreed upon plea deal with prosecutors sentenced the women to five years in prison, which was suspended, and five years probation.

Judge Mike Erwin ruled the women must also serve 10,000 hours of community service, reimburse the family for the cost of the funeral and placed other penalties upon them.

Erwin said he wanted to put such harsh probation requirements they would not be able to do it and end up in jail.

The mother of the victim cried out, "Yes," in the courtroom.

Thomas and Veals are former workers at Wanda's Kids World in Baton Rouge.

McElveen was found dead in the vehicle on July 1, 2009.

The official temperature in Baton Rouge that day was 98 degrees.

The women were indicted on negligent homicide charges in Nov. 2010.

The owner of the daycare, Wanda Conner, was also indicted on negligent homicide charges in November.

It is unknown when her status hearing will be held.

http://www.wafb.com/story/16005382/daycare-workers-accused-in-toddlers-death-appear-in-court-again