FL - Tracey Nix, two of her grandchildren died in her care in separate incidents (7mo in hot car Nov '22 & 16mo drowned Dec '21)

[turaj]

I have to imagine if it's only a max of 60 days the judge wouldn't have remanded her because by the time the sentencing hearing comes around in April she will have done the max sentence for what's she's been convicted of.

i heard up to 8 years..some say 5 years but max of 60 days nope.

 

[Kittypoo]

TN's husband also stated in his testimony that it depended how often they watched the baby but usually 3-4 times per week. Would like to know the truth!

I am wondering why at 7 months the baby would need to be left 3-4 (5?) times a week with anyone. Is there no maternity leave and allowance in US?
I wouldn’t be leaving my pot plant with this Grandmother no way no second chances, just awful

 

[Curious Me]

According to what is being said on Court TV, a 2nd degree misdemeanor might be up to 60 days sentence.

CourtTV said she's only facing 60 days as this is a misdemeanor charge like something you would get at traffic court. WTH??

they will have a lot of mitigating factors but one big aggravating is the death of the first child. As I understand it they can and will bring that in.

Not even sure I heard that, or it was out of context. Piece meal info gathering by me. I'm trying to catch up via Court TV info. I also heard them mention a 3rd degree felony. What are they talking about there?

I haven't formed a firm opinion myself, but want to know more. Dr. Daniel Buffington, Pharmacist outside of Jury's presence gave a lot of info about the drugs Tracey was taking under prescription.

The word "consciousness" as in knowing fully, being conscious mentally, of what is going on. There is past evidence of memory & forgetfulness issues, and Tracey's brother is also exhibiting signs of early dementia, plus Tracey was prescribed those drugs due to conditions she had.

I don't think she consciously had intent to harm.
I don't know... others feel strongly she should serve more time to pay for what happened. I really feel I need all the facts and wish I followed this case(s) from the beginnings. JMO all my own MOO​

 

[alexwood]

I'm sure she has dementia of some sort. These two deaths would not happen to a caregiver who was in full possession of all of her faculties.

 

[Curious Me]

...I wouldn’t be leaving my pot plant with this Grandmother no way no second chances, just awful

All MOO here.

Safety warnings on drugs they prescribe warn to not drive, but they don't warn against babysitting your grandkids. Ryan Estevez, Geriatric Psychiatrist thinks it affected her alertness, etc., for a long period of time.

That's what I can't understand. Didn't the daughter know her mother was showing signs of forgetfulness and was taking those medications? I thought I heard daughter say they noticed her mother's lack of appropriate reaction. It seems cognitively something seemed off and noticeably off before. Not victim blaming please know. I just can't understand. After the first time... why did the couple leave another one in her care?​

 

[turaj]

I'm sure she has dementia of some sort. These two deaths would not happen to a caregiver who was in full possession of all of her faculties.

I think the whole point of Buffington is the drug interactions of so many anti anxiety, sedatives and other mood altering prescription drugs that could produce this result. This could explain a lot but was not allowed into the trial. I frankly don't get that Hipa or no Hipa rights. It seems they were all prescribed by a doctor and I think he may have some questions to answer. I don't think it is dementia at all. She was taking the drugs during both "accidents". As for the daughter she and the husband own the glass business and per her testimony she took Uriel to work with her every day. She also relied on her mother for child card a lot per the grandfather Ney Nix. Interesting.... those two children died within 11 months of each other and in the first obituary both grandparents are named Tracey and Ney but in Uriel's obit only the grandfather. I think she accepted the first as an accident but could not for the second. I am surprised that family did not notice that she was acting strangely and the husband lived with her...must have seen all this medication. Sleeping pills in the afternoon?

 

[al66pine]

Anyone have a link to the criminal COMPLAINT filed by prosecutor against Tracey Nix, a link showing the FL. statute section numbers of the offenses?

Or a link to the judge's final JURY INSTRUCTIONS?

ETA: Sorry. I forgot my manners.
PLEASE and THANK YOU.

 

[Bounceycat]

I am wondering why at 7 months the baby would need to be left 3-4 (5?) times a week with anyone. Is there no maternity leave and allowance in US?
I wouldn’t be leaving my pot plant with this Grandmother no way no second chances, just awful

No, the US doesn't have mandatory maternity leave. If you're lucky you work for a company that offers 6 weeks, sometimes at full pay, sometimes at half pay. You can take further medical leave up to 12 weeks unpaid through a federal mandate called FMLA, if you've worked at your job long enough. A handful of states allow you to go on disability pay for a few weeks after birth, but in general, you're back to work in 6 weeks, or 12 weeks if you're extremely lucky to have good finances or a really good employer.

 

[turaj]

No, the US doesn't have mandatory maternity leave. If you're lucky you work for a company that offers 6 weeks, sometimes at full pay, sometimes at half pay. You can take further medical leave up to 12 weeks unpaid through a federal mandate called FMLA, if you've worked at your job long enough. A handful of states allow you to go on disability pay for a few weeks after birth, but in general, you're back to work in 6 weeks, or 12 weeks if you're extremely lucky to have good finances or a really good employer.

she and her husband work for the family business so she can just take the baby to work.

 

[Weki]

Not even sure I heard that, or it was out of context. Piece meal info gathering by me. I'm trying to catch up via Court TV info. I also heard them mention a 3rd degree felony. What are they talking about there?​

Clipped by me.

I definitely heard Julia Jenae say this was max 60 days and it was lile a misdemeanor you’d get in traffic court. She said she looked up the statute. She has a law degree I believe so I’m assuming she had a good faith basis for reporting that, but we’ll see.

 

[MissMalowe]

I am wondering why at 7 months the baby would need to be left 3-4 (5?) times a week with anyone. Is there no maternity leave and allowance in US?
I wouldn’t be leaving my pot plant with this Grandmother no way no second chances, just awful

No idea on the specifics of the mom or dad's work status or schedules but on this particular day of the tragedy, mom was getting her hair done.

 

[PayrollNerd]

https://www.wfla.com/top-stories/tracey-nix-found-guilty-in-infants-hot-car-death-acquitted-of-aggravated-manslaughter-of-a-child/

Snip
A Hardee County grandmother was convicted on one charge related to her granddaughter’s death but found not guilty of a more serious charge.

 

[turaj]

Clipped by me.

I definitely heard Julia Jenae say this was max 60 days and it was lile a misdemeanor you’d get in traffic court. She said she looked up the statute. She has a law degree I believe so I’m assuming she had a good faith basis for reporting that, but we’ll see.

I don't doubt she said that but every single google gives a max number of 5-8 years and her attorney will file a motion for downward departure. I think he will probably be successful with Tracey getting maybe 2 which at her age is a lot. If her daughter speaks and says she does not want her mother to do prison time (which some reports is the case) this might impact it downward. All I can say is at least she was held accountable rather than a straight not guilty.

 

[PayrollNerd]

The last sentence of the article from wfla .com I posted above states up to 5 years which is 60 months. I think the 60 days is someone mis-speaking.

 

[Marysmith]

I am not surprised that there was a not guilty verdict. The jury must have had a lot of questions.
I thought she was babysitting as an extreme one off as well but it seems that is not correct now?

 

[less0305]

No idea on the specifics of the mom or dad's work status or schedules but on this particular day of the tragedy, mom was getting her hair done.

The daughter (self-employed with husband owning a business) worked that day and typically had the baby at work with her. She was finished at work mid-day. She said she normally took the baby with her to hair appointments, doctor appointments, etc. She did ask her mother (grandma) to babysit this day while she went to her hair appointment.

 

[Weki]

I don't doubt she said that but every single google gives a max number of 5-8 years and her attorney will file a motion for downward departure. I think he will probably be successful with Tracey getting maybe 2 which at her age is a lot. If her daughter speaks and says she does not want her mother to do prison time (which some reports is the case) this might impact it downward. All I can say is at least she was held accountable rather than a straight not guilty.

What else do these CourtTV hosts and talking heads have to do that they can’t get this stuff right? How hard is it to look at all this stuff and report it accurately and have the info ready for the audience? They mess up so much that no one can rely on what they say without verifying elsewhere. They’re COURTTV for chrissake!!

JMO

 

[turaj]

clearly someone not telling the truth...defense would want you to think babysitting was not a regular thing and a one off but the grandfather said the child was over multiple times per week.

 

[al66pine]

Was the offense* this FL. statute sec. 316.6135?**

"(1)... leaving a child unattended or unsupervised in a motor vehicle:
(a) For a period in excess of 15 minutes;..."

IIUC, if that ^ 15+ min. violation causes "great bodily harm, permanent disability, or permanent disfigurement to a child," per sub (4) it is a a THIRD DEGREE FELONY, punishable under sections 775.082, 775.083, or 775.084.

This sub(4) does not include, in the list of consequences, causing DEATH.

Maybe I'm missing something.

_____________________________
Tedious Detail Alert
* Def't's pretrial motion for release for inpatient med. treatment referred to the charges of "aggravated manslaughter" and "leaving child in a motor vehicle in excess of fifteen 15 minutes."

https://www.websleuths.com/forums/attachments/docketimage56-pdf.412632/

**
"316.6135 Leaving children unattended or unsupervised in motor vehicles; penalty;...—
"(1) A parent, legal guardian, or other person responsible for a child younger than 6 years of age may not leave such child unattended or unsupervised in a motor vehicle:
"(a) For a period in excess of 15 minutes;
"(b) For any period of time if the motor of the vehicle is running or the health of the child is in danger."
"(2) Any person who violates the provisions of paragraph (1)(a) commits a misdemeanor of the second degree punishable as provided in s. 775.082 or s. 775.083.
"(3) Any person who violates the provisions of paragraph (1)(b) is guilty of a noncriminal traffic infraction, punishable by a fine not less than $50 and not more than $500.
"(4) Any person who violates subsection (1) and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to a child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

 

[Curious Me]

... snipped to reply... "(4) Any person who violates subsection (1) and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to a child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

Here's what I gathered while cooking with the tv on, making Thai Coconut Noodles Soup. It came great.

Please note that at the 18:25 mark in the show's video below they clarify that it's a 3rd degree felony Tracey Nix will be sentenced on. In Florida, counts carry points. It depends on how many points are on the felony. Less than so many points means jail time only, and prison time can't be given.

Vinnie Politan's "Think Tank", which I watched twice while cooking, had the panel give how much time they thought Tracey would be given as a sentence. One said 24 mos. and one said 30 mos., and the other I didn't hear.

Two attorneys on the Think Tank panel stated that Tracey was not actually in charge of watching the first child. The way they explain it makes me really question why others don't subscribe to the fact that Tracey's husband was watching the little boy and husband left to go run errands. Tracey was sleeping before he left and after. How does that make her responsible for the boy's death?

The Judge didn't allow it into the recent trial because of that-- apparently, they couldn't pin the boy's death on Tracey. Not my opinion, but that's what her Defense Team said. So, I don't understand why everyone wants to blame her and make her solely responsible for the boy's death or why the daughter thinks that.

Watch video of Vinnie Politan's Think Tank here:
Tracey Nix's Defense Attorneys Talk to Court TV ​