GUILTY NY - Evanna Tranberg-Bennett, 12, died, parents failed to get her medical care, 6 Dec 2019 Probation

[MsMarple]

In New York, a person can be charged with manslaughter if they "recklessly" caused the death of another (1st degree) or caused the death of a person with an "intent" to cause serious bodily harm. (2nd degree)

Manslaughter includes "Criminally Negligent Homicide," which is the killing of another person through "gross negligence" or without malice.

To prove negligent homicide, the prosecution would have to establish that the defendants knew the risks associated with their actions, and that there is a direct link between their actions and the victim's death.

In this case it appears that the "careless or reckless act" was the failure to seek medical attention sooner.

I think the prosecution will have to prove that the parents knew Evanna was at serious risk of dying, that they should have recognized her condition as a medical emergency and knowing this, still failed to seek medical treatment.

I don't think we know the answer to this, but I'm wondering if the other family members who were sick went to the Doctor or if they were tested for bacterial infections, or if they were just diagnosed with a cold or some other type of upper respiratory infection. I'm wondering if Evanna developed a secondary infection. Was it confirmed through medical records that she had pneumonia?

Imo

Regarding Evanna's death, no official document has been released so far. Msm reports that according to court documents Evanna died from pneumonia and end-stage kidney disease. The family contradicts that and claim EMTs killed her, either by failing to give her oxygen or else from massive internal bleeding they caused that couldn't be corrected at the hospital, depending on which post you read. Sometimes they say it was other causes - it's hard to keep track.

But one thing that's clear is the family believes their delay in getting Evanna medical attention - for a week! - didn't kill her. SMDH.
Austerlitz couple accused of failing to get care for dying daughter

 

[Lilibet]

I read the whole post and looked at the screenshots. Blaming and speaking badly of the real victim here...Evanna...while describing themselves as victims as usual. Absolutely unbelievable!

 

[MsBetsy]

Regarding Evanna's death, no official document has been released so far. Msm reports that according to court documents Evanna died from pneumonia and end-stage kidney disease. The family contradicts that and claim EMTs killed her, either by failing to give her oxygen or else from massive internal bleeding they caused that couldn't be corrected at the hospital, depending on which post you read. Sometimes they say it was other causes - it's hard to keep track.

But one thing that's clear is the family believes their delay in getting Evanna medical attention - for a week! - didn't kill her. SMDH.
Austerlitz couple accused of failing to get care for dying daughter

Yes, the family has stated that she died from "anoxic brain damage" but apparently the autopsy results have not been made public.

My guess is that no one specific cause of death was determined and it may have been a combination of factors that led to her death. Apparently she had undiagnosed kidney disease which may or may not have been significant. Pneumonia could have been a factor, too.

I haven't heard any mention of whether or not Evanna had a fever. A fever at the start of a cold is normal, but a fever after a cold is usually a sign of a secondary infection, and is common with pneumonia. I wonder if they kept track of her temperature while she was sick.

 

[MsMarple]

Putting my own anger at the lies the family keeps trying to sell for a moment I looked up "end-stage renal disease." And it just breaks my heart; Evanna could be happily enjoying Thanksgiving right now if her parents had taken her in for treatment instead of waiting a week. My bolding:

End-stage renal disease, also called end-stage kidney disease, occurs when chronic kidney disease — the gradual loss of kidney function — reaches an advanced state. In end-stage renal disease, your kidneys are no longer able to work as they should to meet your body's needs.
...
With end-stage renal disease, you need dialysis or a kidney transplant to stay alive. But you may also choose to forgo dialysis or transplant and opt for conservative care to manage your symptoms — aiming for the best quality of life possible during your remaining time.
End-stage renal disease - Symptoms and causes

It doesn't get much clearer than that. End-stage means nothing short of dialysis or a kidney transplant will counter the disease. IMO the charge of manslaughter is appropriate. Poor Evanna.

 

[Lusitana]

Putting my own anger at the lies the family keeps trying to sell for a moment I looked up "end-stage renal disease." And it just breaks my heart; Evanna could be happily enjoying Thanksgiving right now if her parents had taken her in for treatment instead of waiting a week. My bolding:

End-stage renal disease, also called end-stage kidney disease, occurs when chronic kidney disease — the gradual loss of kidney function — reaches an advanced state. In end-stage renal disease, your kidneys are no longer able to work as they should to meet your body's needs.
...
With end-stage renal disease, you need dialysis or a kidney transplant to stay alive. But you may also choose to forgo dialysis or transplant and opt for conservative care to manage your symptoms — aiming for the best quality of life possible during your remaining time.
End-stage renal disease - Symptoms and causes

It doesn't get much clearer than that. End-stage means nothing short of dialysis or a kidney transplant will counter the disease. IMO the charge of manslaughter is appropriate. Poor Evanna.

Yep, there was nothing else to be done at that point, she was gone.

What could've and should've been was taking Evanna to the hospital so she could get some relief and at least not suffer so much. And I don't mean that she should've been taken to the hospital days before she passed away, I'm talking about MONTHS before.

There is ZERO chance this child had any quality of life in the last months and weeks of her life. She was dying and her parents and sisters just stood there watching like it was such a big inconvenience.

No memorial, no celebration of life, no funeral. Nothing. This poor child keeps being disrespected and ignored by the people that should've loved her. So sad.

 

[MsMarple]

... as with any officially named POI/suspect you can discuss their FB.

Just a note though re manslaughter .. I only recall that with the 5 additional individuals who were summoned, the DA did not specify the charges. I'm not aware that charges have been spelled out since then.

That's correct. The other 5 adults were summoned to Town Court and had their hearing last evening but nothing has been released yet as to exactly what charges were brought.

On Monday, a criminal summons was issued to Ryan Torres, Venuska Tranberg-Bennett, Tevania Tranberg-Bennett, Petrevena Tranberg-Bennett, and Svenia Tranberg-Bennett. The individuals were all served by members of the Columbia County Sheriff’s Office at their Austerlitz residence. The summons demands that each of them appear before Austerlitz Town Justice Sharon Grubin on November 25 at 6 p.m. Not one of the summonses that were served indicates what charges have been filed against the individuals.
Five more summoned to court for death of child - Mid Hudson News

 

[Warwick7]

I
no sense as why they post about a snowstorm... 911 will bring you an ambulance no matter what. terrible how they describe dealing with Evanna IMO- Do they even realize that Evidence that could be submitted in the criminal case may come from some of their posts? They clearly don’t realize that investigation does not try to gather witnessess from those that might refute any crime-that seems up to their own defense attny(maybe I am wrong). Hopefully the DA prosecutor has filed court orders to establish that they are the ones posting on the family page & as well if they have attempted to use anyone elses FB profile to post as that is identity theft- not unheard of if that is the case w the recent witness coming forward on SOCIAL MEDIA of all things!

My guess, is they are posting about the snow storm---because many posters, such as yourself debunked the storm. Now they are going back and tweeking the narrative.
MOO

 

[Sillybilly]

Hey everyone,

Please pay special attention to this post.

Read Websleuths Terms of Service (aka TOS aka The Rules), and specifically as it relates to Social Media and Etiquette & Information. Those rules are always linked in my signature, and all members are responsible for familiarizing themselves with them.

Members can not sleuth non-POIs (i.e. friends or family who are not officially named POIs/suspects, and that includes SC), regardless of what that person is saying on some community page that is not approved for discussion here. The community source is not MSM and is not approved, and even if it was, comments by "general public" are never allowed for discussion. SC who is posting there is just another member of the general public so what they have to say has no bearing here at Websleuths.

WS seems to be dealing with an exceptionally litigious segment of the population in this particular case, so please PLEASE just adhere to TOS.

Once again, let's all keep the focus on Evanna. What happened to Evanna ... what is in MSM, info from LE, what is contained on the public social media pages of only the accused individuals, information available in public records, government or scholarly medical articles. If in doubt, please check with a Mod or Admin and we will help clarify.

Repeat after me ... TOS TOS TOS !!

Thank you.

 

[Warwick7]

The FB pages appears to have been set up by the parents as it indicates it is in relation to their 'beloved daughter Evanna'.

As the parents have been charged in Evanna's death, their social media is allowed to be sleuthed.

Tranberg-Bennett Family

Thank you!

 

[Warwick7]

The FB pages appears to have been set up by the parents as it indicates it is in relation to their 'beloved daughter Evanna'.

As the parents have been charged in Evanna's death, their social media is allowed to be sleuthed.

Tranberg-Bennett Family

That one says Error. However, this one also says "our daughter."

Tranberg-Bennett Family

 

[MsBetsy]

That's correct. The other 5 adults were summoned to Town Court and had their hearing last evening but nothing has been released yet as to exactly what charges were brought.

On Monday, a criminal summons was issued to Ryan Torres, Venuska Tranberg-Bennett, Tevania Tranberg-Bennett, Petrevena Tranberg-Bennett, and Svenia Tranberg-Bennett. The individuals were all served by members of the Columbia County Sheriff’s Office at their Austerlitz residence. The summons demands that each of them appear before Austerlitz Town Justice Sharon Grubin on November 25 at 6 p.m. Not one of the summonses that were served indicates what charges have been filed against the individuals.
Five more summoned to court for death of child - Mid Hudson News

The family indicated that there were seven family members charged or accused with "false" manslaughter on their FB page, although they may have stated something different in another post. There's so much to read I can't remember it all.

There were apparently 16 people living in the home at the time? It seems as if poor Evanna was overlooked and lost in the crowd.

The first mistake was not taking her to the doctor as soon as they saw the swelling in her ankle. That along with her swollen abdomen should have been recognized as a life threatening emergency. A reasonable person should know that's not normal for a child.

To me that's more significant than the vitimin D drops, the homemade candy, the text messages and all the other allegations they said were made against them.

Imo

 

[Sillybilly]

That one says Error. However, this one also says "our daughter."

Tranberg-Bennett Family

Hmm ... works for me Warwick.

 

[MsBetsy]

My guess, is they are posting about the snow storm---because many posters, such as yourself debunked the storm. Now they are going back and tweeking the narrative.
MOO

There actually was a very bad snow storm which started on December 1st and ended on the third. There was up to 28 inches of snow near Albany and in the catskills.

The issue for me is that Evanna had been sick for a week. They described the swelling in her ankles as subsiding and then returning a few days later.

I would assume they knew the storm was coming. Apparently they decided they couldn't make the trip to Massachusetts, but the decision could have been made much sooner to take her somewhere local, before the snow started falling.

Imo

 

[Warwick7]

There actually was a very bad snow storm which started on December 1st and ended on the third. There was up to 28 inches of snow near Albany and in the catskills.

The issue for me is that Evanna had been sick for a week. They described the swelling in her ankles as subsiding and then returning a few days later.

I would assume they knew the storm was coming. Apparently they decided they couldn't make the trip to Massachusetts, but the decision could have been made much sooner to take her somewhere local, before the snow started falling.

Imo

Yes but debunked as in---any ambulance would have gotten to Evanna no matter the storm.
Sorry I should have explained myself better.

 

[Warwick7]

Hmm ... works for me Warwick.

Maybe its my cell phone...

 

[Lilibet]

The irony of the family threatening to sue everyone who dares to disagree with them on SM is that the general public wouldn’t know the details of their cases if the T-B page didn’t go into excruciating detail and post screen shots. The D.A. isn’t making these details public outside of court and neither has LE for the past year. Nor has DSS. Can you imagine being the attorney (probably a public defender) having the misfortune to end up with this case? Or will they act as their own attorneys? It’s been said: “A man who is his own lawyer has a fool for a client.”

 

[MsBetsy]

The irony of the family threatening to sue everyone who dares to disagree with them on SM is that the general public wouldn’t know the details of their cases if the T-B page didn’t go into excruciating detail and post screen shots. The D.A. isn’t making these details public outside of court and neither has LE for the past year. Nor has DSS. Can you imagine being the attorney (probably a public defender) having the misfortune to end up with this case? Or will they act as their own attorneys? It’s been said: “A man who is his own lawyer has a fool for a client.”

According to their FB page their attorney is Michael Sussman. He is a civil rights attorney and a criminal defense attorney. He is not a public defender. He has handled many cases against CPS in New York.

I guess I should say this is my opinion, since his main office is in my hometown. He has defended many people in the New York area over the years, including high profile cases.

Imo

 

[fred&edna]

Quite a bit of information about Sussman in the article below. It begins this way...


"One member of the Harvard Law Class of 1978 is an associate justice on the Supreme Court of the United States. Another is senior chairman at Goldman Sachs. A third is a civil-rights attorney and father of seven who faced death threats credible enough that the FBI moved in.

The one portrayed by movie star Jon Bernthal was neither Stephen Breyer nor Lloyd Blankfein. It was Michael Sussman. "

Measles outbreak: Michael Sussman, the man who beat Rockland's ban

 

[Lilibet]

According to their FB page their attorney is Michael Sussman. He is a civil rights attorney and a criminal defense attorney. He is not a public defender. He has handled many cases against CPS in New York.

I guess I should say this is my opinion, since his main office is in my hometown. He has defended many people in the New York area over the years, including high profile cases.

Imo

Thanks @MsBetsy. I realized after posting that they seem to have an attorney, but I didn’t go check on who it is.

Quite a bit of information about Sussman in the article below. It begins this way...


"One member of the Harvard Law Class of 1978 is an associate justice on the Supreme Court of the United States. Another is senior chairman at Goldman Sachs. A third is a civil-rights attorney and father of seven who faced death threats credible enough that the FBI moved in.

The one portrayed by movie star Jon Bernthal was neither Stephen Breyer nor Lloyd Blankfein. It was Michael Sussman. "

Measles outbreak: Michael Sussman, the man who beat Rockland's ban

He seems like an interesting guy. I can see how he got involved in the T-B case. Thanks @fred&edn.

 

[MsBetsy]

I just noticed the family has posted more information about the autopsy results.

The primary cause of death was "anoxic brain injury," the second was acute pneumonia, and the kidney issues were third or fourth, with kidney failure being an underlying condition.

There are more specific details on the page.