DAVID JOHN MILLER Jr - 2 yo - Upper Chichester ME

A 23-year-old babysitter was charged late Friday in the death of a 2 1/2-year-old boy in Upper Chichester earlier this month.

Heather
Lynn Hess was arrested at her home on Hewes Avenue in Upper Chichester,
soon after the Delaware County District Attorney’s Office approved a
complaint.

Hess was remanded to the county prison without bail
following her preliminary arraignment before Magisterial District Judge
Walter Strohl. Charges filed against Hess include first- and
third-degree murder, as well as involuntary manslaughter, aggravated
assault and endangering the welfare of children.

Investigators
said Hess’ statements regarding the boy’s injuries were “totally
inconsistent” with the subsequent findings of the Philadelphia Medical
Examiner.

The boy, who suffered massive head and brain injuries,
died Dec. 12 at Children’s Hospital of Philadelphia. Assistant
Philadelphia Medical Examiner Dr. Aaron Rosen determined the cause of
death as “blunt impact neurotrauma,” and the manner as homicide.

An
initial investigation by Upper Chichester police began Dec. 11, when
officers responded to Hess’ Hewes Avenue home after receiving a report
of a child in respiratory arrest, shortly after 6:30 p.m. On arrival,
2-year-old David John Miller Jr. was being treated by paramedics. He was
then transported to Crozer-Chester Medical Center.

Documents
state that the boy’s father told police his son had been in Hess’ care.
Three other children between the ages of 1 and 4 were also in the house.

According
to the probable-cause affidavit, written by township Detectives John
Montgomery and Thomas McNichol and county Detective Robert Fuss, Hess
reportedly told police she had been alone in the house with four
children, including Miller. The children were playing in the family room
while she was cooking in the kitchen. She became concerned when she
realized the children were quiet.

Hess then walked into the
family room and found Miller “lying unconscious on his back on the
floor,” the affidavit states. Hess told investigators she found a
plastic bottle cap lodged in the toddler’s throat, which she indicated
she was able to dislodge with a finger sweep. Still, she described the
child as remaining limp and having great difficulty breathing. Also,
there was blood coming from his mouth, she said, the affidavit states.

At one point, Hess told police she believed the toddler was dead, but continued efforts to revive him.

Hess said she took the boy into her bedroom, phoned her boyfriend and
then 911. She then began to perform CPR on Miller with one hand, while
holding the phone to speak with a 911 operator with the other. Hess
continued performing CPR until a relative arrived. Within minutes, the
boy’s father, David J. Miller Sr., and paramedics, were at the house.

During
the investigation, detectives were notified that the toddler had been
transferred from Crozer to CHOP. Detectives spoke with medical staff who
said the toddler suffered a massive brain injury, and also had numerous
bruises on varying ages on his back – which the affidavit said suggests
abuse.

Medical staff also told investigators the head/brain
injury “was not consistent with any type of injuries that could have
been sustained from choking on a bottle cap and/or from CPR actions,”
the affidavit states. No injury was found inside the toddler’s mouth or
throat that would be consistent with damage caused by choking on a
bottle cap or by damaged cause by dislodging it, the affidavit states.

The affidavit also states the toddler had red/purple and brown bruising on his forehead, pelvic area and back.

The
toddler, who loved motorcycles, SpongeBob SquarePants and animals, was
surrounded by family when he died, according to his obituary.

“David
was a gift that has forever changed our lives and a smile that has been
permanently etched in our hearts. David was an absolute joy with
endless energy and a shining spirit,” the obituary reads in part.

Through organ donation, the toddler in death “gave life to those still struggling to live.”


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