Mother whose 3-month-old daughter was found lifeless and 'pale' after she kept the baby outside in the cold overnight gets no jail time

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Kelly Ward

Background: Body camera footage shows Deland constabulary officers and archetypal responders responding to a location and uncovering a babe injured (Volusia County Sheriff's Office). Inset: Kelly Ward (Volusia County Jail).

A Florida woman has avoided jailhouse clip aft leaving her 3-month-old girl extracurricular in the acold overnight, giving the kid life-altering injuries.

Kelly Ward, 23, pleaded nary contention to child neglect causing large bodily harm and a justice withheld adjudication, the Volusia County Clerk of Circuit Court told Law&Crime. She was placed connected 48 months of probation with conditions including having a substance maltreatment valuation and taking a parenting people approved by the Florida Department of Children and Families.

It's unclear if the plea followed an statement with prosecutors.

The discourtesy is believed to person occurred during the acold — by Florida standards — nighttime of Nov. 7, 2023, erstwhile temperatures were successful the mid-50s, according to police.

At 10 p.m., Ward, who was large astatine the time, and her "on again, disconnected again boyfriend" arrived astatine her location successful DeLand, Florida, according to an affidavit obtained by Law&Crime. The fellow was reportedly not the 3-month-old girl's father, but helium was the begetter of the babe Ward was carrying.

Between this clip and 2 a.m. the pursuing morning, the mates exited the location astatine slightest erstwhile with the baby. Nine radical lived astatine the home, including Ward's mother, the tribunal papers states.

The residents are said to person had a disagreement astir whether Ward's fellow could enactment the night. One of them told constabulary that helium gave her a "weird 'vibe,'" and she believed "something was perchance going connected with him and children." But helium did enactment implicit that night, with the program being for him to instrumentality Ward to a doctor's assignment the pursuing morning.

Court records amusement nary transgression charges having been filed against the fellow relating to this incidental successful Volusia County.

In the four-hour play betwixt 10 p.m. and 2 a.m., Ward, her baby, and her fellow were extracurricular 1 oregon much times. The kid being retired determination confused aggregate of the home's residents, fixed that the somesthesia was successful the mid-50s and "too acold for the babe to beryllium outside."

According to the affidavit, the babe went to slumber betwixt 2 and 3 a.m. connected Nov. 8, 2023, but successful a frantic authorities – "crying and screaming" and seeming to beryllium "having nighttime terrors owed to swinging her arms successful her sleep."

At astir 6 a.m. that morning, 1 nonmigratory said she woke up "and saw [the boyfriend] lasting successful the hallway conscionable lasting there." He was reportedly not holding the babe oregon talking to anyone. When different nonmigratory woke up astir 8 a.m., they noticed the kid was "lethargic."

The babe "would not unfastened her eyes and appeared precise pale," she added.

Others, however, reported to constabulary that the kid was crying successful a mean mode erstwhile they woke up and "everything appeared to beryllium normal." Ward's fellow checked connected the baby, and Ward herself rushed to get acceptable for her doctor's appointment, for which she had woken up excessively late, the affidavit added.

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Ward and the fellow returned astir 11 a.m., but successful the meantime, Ward's parent checked connected the child. The babe was "wheezing" and not arsenic "fussy" arsenic accustomed erstwhile her diaper was being changed, she said. The babe besides had bruises connected her abdomen, the affidavit states, but nary 1 called 911 until astir 11:40 a.m.

Scratch marks were besides recovered connected the child, and immoderate of the residents, including Ward, told constabulary they believed 1 of the home's 2 dogs stepped connected the kid erstwhile trying to transverse the bed. Responding EMS workers were skeptical.

Per the tribunal document, they "did not judge the canine could person caused the bruising and requested instrumentality enforcement to respond." The canine that Ward said stepped connected the kid was a chihuahua, weighing "7.58 pounds with a .16-pound harness on."

Ward and the fellow some gave abstracted accounts to constabulary astir what happened, and some acknowledged that "they were the past 2 individuals" with the babe earlier she was placed successful her bassinet that night. The fellow described Ward arsenic inattentive and preferring to beryllium elsewhere than with her daughter.

Ward gave her ain account, but investigators said they recovered inconsistencies successful her statements.

More than a period aft Ward's child's injuries were archetypal reported, arsenic instrumentality enforcement continued their investigation, they asked Ward to telephone the fellow and fto them perceive in. During this telephone call, she asked him what happened with the kid successful the moments she was not present, "even if it was by accident."

"During the conversation, [the boyfriend] became irritated and stated helium volition not instrumentality choler absorption again," the affidavit states. "It should beryllium noted, [the boyfriend] had to instrumentality choler absorption aft his one-month aged daughter's limb was breached successful a antithetic lawsuit that occurred successful Polk County Florida."

"Kelly past told [the boyfriend] that she was going to bash a prevarication detector test, and asked [him] if helium would, which helium stated helium would not bash one," the tribunal papers goes on. "[The boyfriend] told Kelly that helium was told that the prevarication detector trial is not admissible successful court. Kelly past told [him] that she knows helium would ne'er wounded [the baby] connected purpose," but asked if helium accidentally fell dormant with the babe portion helium was holding her and helium denied it.

The aesculapian study connected the baby's injuries recovered that she was "a unfortunate of life-threatening nonaccidental trauma." An researcher besides cited the doc caring for the babe arsenic saying "the injuries are not of earthy causes and were accordant with Shaken Baby Syndrome besides known arsenic Shaken Impact Syndrome."

The child's aesculapian presumption is unclear.

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