Death from 1985 shaken baby case leads to murder charge

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Terry McKirchy faces a possible life sentence after a Florida medical examiner says Benjamin Dowling succumbed to injuries from being shaking as a 5-month-old when he died in 2019 at the age of 35 after a life with severe mental and physical disabilities

Benjamin Dowling is seen as a toddler after he suffered a 1984 brain hemorrhage that prosecutors say was caused by his babysitter, Terry McKirchy, in Florida.Babysitter Terry McKirchy got a light sentence 36 years ago after pleading no contest to attempted murder for shaking 5-month-old Benjamin Dowling so severely that he suffered permanent brain damage – weekends in jail for three months and three years probation.

It is not known whether McKirchy has an attorney and the Broward Public Defender’s Office, which represented her in the 1980s, did not immediately respond Monday to a request for comment. McKirchy told The Miami Herald in 1985 she was innocent, but accepted the plea deal to put the case behind her. Under the deal, she would only serve weekends until her third child was born and then she would be free.

“Benjamin never crawled, fully rolled over, walked, never talked, never fed himself, he never enjoyed a hamburger or an ice cream cone, he could never tell us when he had an itch or anything hurt,” the couple said in a statement. “When he cried in pain, we as a family and caregivers had to guess as to what was wrong and hope that we could satisfy his need.”

McKirchy was charged with attempted murder and aggravated child abuse. The Dowlings told the Herald in 1985 they were stunned when prosecutor Barbara Mitchell told them of the plea deal McKirchy would receive. She had been facing 12 to 17 years.

 

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