GUILTY MO - Tyler Dasher, 1, Affton, 15 Nov 2011 - #2

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Here is the MO laws, chapter on offenses against the person:

http://www.moga.mo.gov/statutes/chapters/chap565.htm

I think this sounds like it falls under voluntary manslaughter, not first degree murder (maybe second degree murder, at the most). Here are the definitions:

First degree murder, penalty--person under sixteen years of age not to receive death penalty.
565.020. 1. A person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation upon the matter.

2. Murder in the first degree is a class A felony, and the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor; except that, if a person has not reached his sixteenth birthday at the time of the commission of the crime, the punishment shall be imprisonment for life without eligibility for probation or parole, or release except by act of the governor.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1990 H.B. 974)
CROSS REFERENCE:

Execution, location, duties of the warden, 546.730



Second degree murder, penalty.
565.021. 1. A person commits the crime of murder in the second degree if he:

(1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or

(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.

2. Murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter.

3. Notwithstanding section 556.046 and section 565.025, in any charge of murder in the second degree, the jury shall be instructed on, or, in a jury-waived trial, the judge shall consider, any and all of the subdivisions in subsection 1 of this section which are supported by the evidence and requested by one of the parties or the court.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)
Effective 10-1-84

*No continuity with § 565.021 as repealed by L. 1983 S.B. 276.

CROSS REFERENCE:

No bail, certain defendants, certain offenses, 544.671

(2004) Unborn child is a person for purposes of section. State v. Rollen, 133 S.W.3d 57 (Mo.App.E.D.).



Voluntary manslaughter, penalty--under influence of sudden passion, defendant's burden to inject.
565.023. 1. A person commits the crime of voluntary manslaughter if he:

(1) Causes the death of another person under circumstances that would constitute murder in the second degree under subdivision (1) of subsection 1 of section 565.021, except that he caused the death under the influence of sudden passion arising from adequate cause; or

(2) Knowingly assists another in the commission of self-murder.

2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section.

3. Voluntary manslaughter is a class B felony.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)
Effective 10-1-84
 
Apparently Shelby is on a suicide watch, why are they stopping her? Surely it's the least she can do.......:maddening:

I'm hopefully they put her in general population...she should be scared every waking moment as her little baby was as she beat him to death...
 
Gardenlady, I think the difference in this case is she was out partying and Tyler got in her way of her sleeping in after a night of drinking (and perhaps drugs). I consider this a big difference to a single mom with a full time job who has to get up the next morning and a sick crying baby keeps her up all night and just snaps (shaking baby syndrome). Not to say the latter shouldn't be punished either but I think I'd have more sympathy in that case than in this one where the mom came home drunk and beat her kid to death.

IMO
 
Gardenlady, what you wrote is so important. If stressed out parents feel they will be judged negatively ("What kind of monster could even think of harming a helpless infant??"), they will be less inclined to reach out for the help they need before they respond in anger.

MANY parents get overtired, overstressed, and worn down to the point where they are at risk of losing control. Some people have more internal or environmental resources to deal with and prevent abuse, but others will lash out at some point. And as those PSA's pointed out, people often don't realize just how easy it is to do serious harm to a baby or toddler because of the difference in size and strength.

The main thing that was atypical in this case was that the mom dumped the body and claimed abduction. In the vast majority of such cases, the parent or caregiver actually calls 911 or takes the child to the hospital, even if it is usually with a cover story ("He fell off the bed.").

I'm not sure how this can legally be a first degree murder - killing someone in a fit of rage type situation is different than a premeditated murder. I would like a look at the MO statute, and it's been umpteen years since criminal law in college - are there any lawyers on the thread who could comment on this?

I probably have a different opinion than most here - I think these type of killings are more common than we might like to admit. This reminds me of the many more shaken baby cases we hear about, where a parent or care-giver snaps. I know there used to be commercials, sort of PSAs, about what to do when you are stressed as a parent. At the pediatricians, there are brochures about parent hotlines, and steps to take when you feel you are at the end of your rope (put baby in crib, shut door and go into another room or outside for a few mins, etc). Two of my kids were fairly difficult babies,and one had reflux so badly that she screamed nearly all day, would not eat well (and thus was always losing weight, and very often getting dehydrated), and it went on for months and months. There were many moments where I had to put her in the crib and walk away and shut the door,and more often than i like to admit, my thoughts were NOT GOOD. I thank god i had family nearby who would come daily to sit with the babies,tell me to get dressed and GET OUT for a while. Situations like that can cause any normal human being, yes, even a mother, quite a build up of stress, and even anger.

If we could be honest about this, I think there are times when all parents have reached that end of the rope feeling with a screaming child, even a baby. I think it is more common than we like to admit. We like to paint pictures of motherhood as all candy canes and rainbows, and we like to think that maternal/child bonding is so special that to have negative or even ambivalent feelings towards a baby is unnatural, but I think that sets up an u realistic set of expectations on mothers.

What I would love to see come out of cases like this is some type of program that I know many countries have, where a nurse does home visits with new moms for a certain period of time after having the baby. To watch the interaction, give advice, check up on both mom and baby. I realize that in this case, little Tyler was an older baby, and so this type of thing may not have helped prevent this, but maybe there were signs a experienced health care worker could have picked up on, and it could prevent other cases of a parent "losing it" and harming a child. Especially in cases where the parent is young, or the parent is single and young, as we have here.

None of this means I don't feel that the mom in this case should be punished. I do think she should, and i am glad she has confessed; that says to me that she probably feels genuine remorse for what she did. But I think we need to be realistic, also, and do what we can to avoid these situations. I don't think this was a mother who deliberately set out to kill her child, and I don't think she deserves a first degree murder charge, unless more info comes out to support that. We need more services, more information and support for parents, especially younger ones, not harsher setences and charges. That isn't going to help any other case in the future. Someone "losing it" in the heat of the moment isn't going to stop and say "oh wait, that other baby's mom got the death penalty, so I need to cool down now". They're not thinking calmly and rationally in that moment. However, if they're given the tools to avoid such a situation in the first place, well, then it never gets to that point where they've gone too far. :(
 
I think Shelby had more than enough "tools" and choices. She could've called her mom or a friend if she was so distressed about Tyler's crying. I'm sure they would've rushed home to help out.

There is absolutely no excuse to her reckless behaviour. She had a child. She had responsibilities. Party time is thrown out as an option when you decide to become a mom. I was 23 when I had my first child. There was no party time until the wee hours of the morning because I knew I had to get up the next morning for feed, bathe and care for my baby and then head to work.

I'm sick and tired of these young girls thinking having a child is like a new toy and when they're fed up, they can throw them out. WTF?
 
I think Shelby had more than enough "tools" and choices. She could've called her mom or a friend if she was so distressed about Tyler's crying. I'm sure they would've rushed home to help out.

There is absolutely no excuse to her reckless behaviour. She had a child. She had responsibilities. Party time is thrown out as an option when you decide to become a mom. I was 23 when I had my first child. There was no party time until the wee hours of the morning because I knew I had to get up the next morning for feed, bathe and care for my baby and then head to work.

I'm sick and tired of these young girls thinking having a child is like a new toy and when they're fed up, they can throw them out. WTF?

I agree that someone with a baby needs to straighten out their priorities. But many people in these situations never understood responsibility to begin with and that's how they ended up with a baby they weren't prepared to take care of.
 
I agree that someone with a baby needs to straighten out their priorities. But many people in these situations never understood responsibility to begin with and that's how they ended up with a baby they weren't prepared to take care of.

Off topic...I can't remember the name of the MTV show that had young pregnant girls on it.. But I was always so proud of the young couple who gave their baby to a loving couple..
 
I agree that someone with a baby needs to straighten out their priorities. But many people in these situations never understood responsibility to begin with and that's how they ended up with a baby they weren't prepared to take care of.


There are so many options nowadays for young girls. Birth control, abortion, adoption.

No excuse. I hope she gets punished to the full extent of the law and hopefully this will be a wake up call to other "Shelbys" out there. Killing your baby is not an option!
 
There are so many options nowadays for young girls. Birth control, abortion, adoption.

No excuse. I hope she gets punished to the full extent of the law and hopefully this will be a wake up call to other "Shelbys" out there. Killing your baby is not an option!

Exactly. Many people learn neither to feel empathy for others nor to act responsibly in their choices. Every choice is based only on their emotions of the moment.
 
Back when all of the information was coming out about Caylee Anthony's case I would get very upset at times when reading here on Websleuths or reading the discovery. Both of my daughters (14 and 9 now) would ask me why I was coming on here, why I was reading about the case if it was upsetting me so much. My answer was because someone has to give a d@mn about these kids. As much as it hurts our hearts to read about these things, to see the horrible methods of abuse that so many children have had to undure, we do it because we care. We do it because those children do matter. They did not deserve what happened to them but they do deserve to be remembered.

Today while I was making supper my 14 year old heard hubby and I talking about Tyler and the new developments. She turned around and said to me "Momma, I know you would never do anything like that to us because you love us to much. I know how mad you were at Casey Anthony and that you would not do anything like that." I told her she was right, of course I would never do anything like that to her or her sister. Someone else that hurts either one of my babies? That would be a different story!

MOO

My family asks me the same thing all the time.
My answer is always the same, "Because we owe it to them. Someone needs to read their stories and remember them. They may not have felt like they mattered when they were being abused, but they do. They matter to each and every one of us that follows their cases."
 
Do we knows she was out partying? The articles Im reading said she was home that night?

I too was young when I had my first (23 also), and I too didn't party, didn't go out, was up on time, did everything "right". It didn't stop me from feeling pretty ambivalent towards my most difficult baby (the "screamer" I referenced above, born when I was 24) for a while. I had family who could "spell" me during the day, and a husband to help at night, but it was still the most difficult, awful year of my life, with moments where, like I said, I had to put baby down in the crib, screaming, and walk out to where I couldn't hear her. It can make the most responsible parent in the world lose it.

Not everyone has the same internal make up. Mentally we are all wired differently. Even in the best of environments, the most stable of families, that internal "wiring", for want of a better word, can cause one mom to snap while another is able to stay strong and in control.

Shelby had her mother there for help, but how much of an impartial observer could her own mother be? No one wants to believe their daughter would be capable of harming their own infant; and certainly Grandma must have thought Shelby was a good mother - all Shelby's friends said she was, too. So yes, while Grandma was a help, and was a "tool" Shelby could have used for a break to regroup or get away, Grandma might have been too close to see signs that Shelby might have been over stressed. An outside, trained health worker might better recognize signs that she needed more help.

As Etilema said above, the more we deal harshly, or make negative characterizations of mothers or fathers or caregivers who are on the edge, the less people will ask for help. I really do think these negative feelings towards children are more common than we want to admit, so we distance ourselves from it by saying people who have these feelings are "unnatural" or "monsters". What parent on the edge wants to call a hotline and confess they're feeling anger towards their child and they need help, when they are simultaneously feeling ashamed for having such feelings?

I just want ways to keep this from happening to other babies. I don't think harsh charges and harsh sentences will do that, at all. The easier we make getting help, the more availablehelp is, and the more realistic we are about parenting (especially for young parents who are raising unplanned children; and I say that as someone who was once in that boat) and about how parents can snap, the less we will see of this type of thing, I think.

That all said, my heart is breaking looking at pics of this little guy. I would love another baby, even after four of 'em, and I see his adorable little face and smile and would give anytng to have taken him for her. I can't imagine how Shelby's mother must be feeling. :cry:
 
http://www.stltoday.com/news/local/...cle_daf1c51a-996e-5e6e-a985-fd76d4262269.html

Veteran detective had immediate suspicions about missing St. Louis County child

Story Discussion Image (5) Veteran detective had immediate suspicions about missing St. Louis County child
BY CHRISTINE BYERS • cbyers@post-dispatch.com > 314-340-8087 STLtoday.com | Posted: Thursday, November 17, 2011


Shelby Dasher told Guinn that she put the baby to bed at 6 p.m. Monday and left about 10:30 p.m. to go out with some male friends. Her mother was home with the child. Shelby Dasher said she got home about 2:30 a.m. and checked on Tyler.

Christine Dasher left for work about 7:30 a.m. Shelby Dasher told Guinn that she went to wake the baby at 11 a.m. because he had been sleeping for so long. That's when she said she discovered the child was missing and called police, Guinn said.

"No 1-year-old ever sleeps that long. It didn't make any sense," Guinn said. "She also told me that the child could walk but could not get out of the crib by himself. There was no indication of forced entry to the house."



I snipped a bit of the timeline. But this is a good read about the detective who cracked this case and other members had expressed an interest in that aspect.

If this has already been posted please ignore? TIA!
 
My family asks me the same thing all the time.
My answer is always the same, "Because we owe it to them
. Someone needs to read their stories and remember them. They may not have felt like they mattered when they were being abused, but they do. They matter to each and every one of us that follows their cases."

BBM - Me too. My family doesn't get it. I can't help these children directly but indirectly I can pass on their story and hope that it makes a difference in the life of another child. Due to Tyler's story I was able to (once again) to reiterate to my grown children that if they EVER feel overwhelmed, stressed, need to sleep in for whatever reason, call me, I will be there in 10 minutes or bring the babies to me.
Last night I played with my 13 month Grand Baby, we played, we loved,we snuggled, we giggled and we made several messes with food and juice, it was delightful. Last night instead of crying for Tyler, I took the time to enjoy a child, for Tyler.
 
Hi Everyone,

I am a Virtual Assistant and one of the companies for which I work is an auto repair shop.

A client just called to say they cannot bring in their mini-van because their 2 yr. old grandson has the key and will not tell where he hid it. It is too big for him to swallow, so we know that isn't an issue (thank GOD). He just doesn't want his car to go away. Forgive me if this is inappropriate -- I certainly mean no disrespect to our sweet little one. I just couldn't help laughing and thinking our little Tyler would have probably done the same thing. GOD bless his little soul.

Kelly
 
Gardenlady, what you wrote is so important. If stressed out parents feel they will be judged negatively ("What kind of monster could even think of harming a helpless infant??"), they will be less inclined to reach out for the help they need before they respond in anger.
MANY parents get overtired, overstressed, and worn down to the point where they are at risk of losing control. Some people have more internal or environmental resources to deal with and prevent abuse, but others will lash out at some point. And as those PSA's pointed out, people often don't realize just how easy it is to do serious harm to a baby or toddler because of the difference in size and strength.

The main thing that was atypical in this case was that the mom dumped the body and claimed abduction. In the vast majority of such cases, the parent or caregiver actually calls 911 or takes the child to the hospital, even if it is usually with a cover story ("He fell off the bed.").

(bbm) well, they were BOTH supposed to be bbm!
Very nicely said. Thank you.
 
I wonder, now that she has confessed, if she will end up taking some kind of a deal; she can't expect a whole lot of mercy from a jury, IMO. I hope this case doesn't result in some insult of a sentence of less than 25 years (or until she can no longer get pregnant again.)

My guess is that she was offered a deal if she confessed. They may have told her they would not charge her with 1st degree murder if she signed a confession, and that they could guarantee she wouldn't get the DP.

When she is arraigned and if she pleads guilty, there may not even be a trial. No need for one if she admits guilt, it would go straight to sentencing. And because she admits it, she MAY get a lighter sentence. They could have a sentencing trial, I don't know how it works there. Even if she's given 25 years, she will be out in 10. Prisons are overcrowded and hardly anybody ever serves the full sentence anymore.
 
Wow... "Tyler's grandmother, who lived in the house with he and Shelby, was at the home, but authorities said she was not aware anything had occurred."

http://www.ksdk.com/news/article/286130/3/Shelby-Dasher-to-appear-in-court-on-suicide-watch

Shelby is to be arraigned this morning. Let's hope she just pleads guilty and doesn't lead this into a long drawn out trial with make believe defenses. Tyler deserves his "mother" to admit what he did to him and pay the consequences.
 
Fox2 will have a report from one of the fathers friends who was questioned for hours by the police last night! I'm guessing non-locals can stream it at fox2now.com. How many people did she point the finger at before confessing?

Catching up but BBM.......I heard on the 10pm Fox news that the friend was questioned because he had cuts on his hands, but they ended up being from an unrelated incident.
 
Catching up but BBM.......I heard on the 10pm Fox news that the friend was questioned because he had cuts on his hands, but they ended up being from an unrelated incident.

Yes, that's in one of my news re-cap posts, but he said initially it was because he was Joe's friend and LE discovered the cuts on his hand and kept him for 14 hours! Another of Joe's friends, or friend's of his parents said Shelby was initially pointing the finger directly at Joe saying he did it. Sick!!! Poor man! All he has to deal with being mentally ill and she's blaming him for killing precious Tyler. That is disgusting! She probably thought LE would buy her story of him doing it since he's mentally ill. They haven't said what exactly is wrong yet, I'm assuming bi-polar with the guardianship order... it's pretty common in those cases.
 

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