This is going to be long, and I apologize in advance, but I've dug around on EK, and I think that, if the above is allowed, it could
possibly be true.
Couple of thoughts.
I don't think they found her floating. I think they found her inside of something (suitcases seem a common trend among folks who do these types of things), but when they opened it, she was "face down".
If they were supposed to watch the elder child around other children, is it possible that he acted out, and hurt her, prior to that night? I think it is a possibility. It would depend on any diagnoses he may have, but, we don't have those. We do know he was to monitored around other children, though. She was tiny.
One thing about EK, in all of his history, we do not see drug use, or trafficking. We do not see domestic violence either. Neither are any of his indicators checked for Domestic Violence (that I've found, thus far).
We do see convictions for:
April 2005 - Alamance County
Class 1 Misdemeanor for Larceny
October 2011 - Onslow County
Class 3 Misdemeanor for Drunk & Disorderly
Class 1 Misdemeanor for Assault/Threat Against Gvt. Officer
Class 1 Misdemeanor for Malicious Conduct by Prisoner 14-258.4
November 2014 - Onslow County
Failure to Wear Seat Belt (Driver)
May 2015 - Brunswick County
Class 1 Misdemeanor for Larceny
Feb 2016 - Onslow County
Misdemeanor Probation Violation - Out of County
(Unless he was absconding, had drugs, etc..., not a huge deal. At least not here, unless you are a murderer, or a thief on the scale of Eric Conn, who decided to go get pizza... in the Honduras.).
With larceny on his record, he probably couldn't find a decent paying job (especially in his field, and was possibly trying to do odd jobs.) May have been getting some funds from both of their parents, since she doesn't appear to have been working, either. Probably got some food stamps, and ssi for the children b/c of medical issues, and a cheap, or govt. assisted, cell phone. You've been able to obtain the same, with a landline, for literally decades, if you qualified, prior to cell phone availability. A phone is seen as a necessity in this day and age. I kid you not, I know folks who still had a Party Line in service past the 90s. That's how rural some of these places are.
EK received suspended sentences, and some time served (75 days served, it appears, for the Assault on Officer) most likely, SS, because of the amount of time that had passed, in between incidents, and different counties.
These are not heinous crimes. He's got sticky fingers, and he becomes belligerent when drinking. Seen both. Separate and combined. The latter especially. Possibly a casual, or weekend, drug user. Money issues, a possible recurring drinking problem, booze is cheap, combined with a hot temper. Not a good mix. Always deadly? No, but it can be.
Not 100% sure what the scenario was, with the D&D, and the Assault on Gvt. Off. but, from the charges, and looking at the convictions, I've a feeling he was stupid drunk, belligerent, resisted arrest, and, at the jail, spat upon an officer. In this day and age, spit counts.
Charge of Malicious Conduct by Prisoner 14-258.4 on October 2011
https://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-258.4.html
Could he have lashed out and struck her? She's seriously injured. Mom doesn't go, but stays behind with the child, and, ultimately M passes. No medical aid?! They are both on the hook. So, very possible.
Could mom have done the same, lashing out? Quite possible.
I think, that
if the elder child hurt her, mom would cover up for
herself, for not supervising the children, and having a bf living there, who was unapproved, more-so than covering up for her elder child. I believe that's entirely possible too. Is it possible that the child could hurt M and did not know how bad he hurt M? I'd think so. He may have even gotten an immediate belt whoopin', for hurting her, and then, later, they realize that she's not well. What to do?