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

[Wyle_E_Coyote]

IMO a number of people following the case feel the same. For me personally, putting together all the little bits of information the family has released paints a picture of defiance, deflection and deception.

December 28, 2019 - the family writes that the swelling they observed in Evanna intensified during the latter part of that week, enough so that they "resolved" to take her to Boston to see the family doctor.* Note they refer to the latter part of that week. December 3, 2019 was a Tuesday so were they talking about the prior week?

In that same post they wrote that "on the morning" of their planned trip to Boston Evanna woke up with her abdomen severely swollen. They decided to take her to the hospital instead. While making arrangements for a car Evanna collapsed and stopped breathing so Steve "instructed" someone to call 911. Also note that he told an adult sister who was "knowledgeable" in performing CPR to get instructions from the EMTs on the phone. Why? One knows CPR or they don't.

January 14, 2020 - a month and a half later. The family now reveals that what they referred to as "the morning" of the day Evanna collapsed was actually the afternoon. The adults liked to stay up all night and go to bed around 6 or 7 am. Evanna stayed up with them.

Why did they change the timeframe? IMO they tried to present it as a little bit of family eccentricity but I've never heard anyone else call afternoon morning under these circumstances and I'm a night owl myself.

The 911 call was logged at about 5:30 pm on December 3. If in fact events intensified on the morning of that day then what transpired until 5:30 pm?
12-year-old child's death under investigation in Columbia County

I understand that this is all speculation based on what the family has written; hopefully LE has the full picture. I also understand that facts sometimes do change as a case goes on - but that's when we're reading news stories written by reporters, not the actual family. All MOO.

*According to the family their doctor is a homeopath, a midwife, and the author of several "important" books, including one on vaccines.

They changed the timeline because it is so clearly neglectful if she woke up at, say 8am with a distended belly, they decided to take her to the emergency room, but then took their sweet time calling for a ride, getting ready and packing (who packs to go to the ER???), and at 5 in the afternoon they still hadn't taken her in. Someone commented on their FB that waiting some 9 hours after they decided she needed to go to the emergency room was inexcusable. Their response was to change the timeline, night became morning, and she didn't wake up until afternoon.

 

[Lilibet]

NY statute—Manslaughter in the second degree
125.15
A person is guilty of manslaughter in the second degree when:
1. He recklessly causes the death of another person; or
2. He commits upon a female an abortional act which causes her death,
unless such abortional act is justifiable pursuant to subdivision three
of section 125.05; or
3. He intentionally causes or aids another person to commit suicide.
Manslaughter in the second degree is a class C felony.

Culpability—Definition

3. "Recklessly." A person acts recklessly with respect to a result or
to a circumstance described by a statute defining an offense when he is
aware of and consciously disregards a substantial and unjustifiable risk
that such result will occur or that such circumstance exists. The risk
must be of such nature and degree that disregard thereof constitutes a
gross deviation from the standard of conduct that a reasonable person
would observe in the situation. A person who creates such a risk but is
unaware thereof solely by reason of voluntary intoxication also acts
recklessly with respect thereto.
BBM
Article 125 | NYS Penal Law | Homicide Manslaughter Abortion

An attorney’s description:

Manslaughter in the Second Degree occurs when a person continues with a reckless act that they are aware of committing, and they consciously disregard the potentially fatal risks involved to others. The risk must be of the type that any reasonable person would not ignore. Although this crime lacks the intention to do others harm, there is within it the knowledge that the activity being engaged in could cause serious or fatal injury to another.
BBM
Manslaughter in the Second Degree- NY Criminal Defense

 

[Wyle_E_Coyote]

I believe I've found the answer to the question of whether or not the family was allowed to be with Evanna when she was removed from life support.

The family insists that they were not and that Evanna's parents were "banned" from being with her. The short video of the Steve and Heidi's arraignment posted back in the thread showed the DA explaining that the parents had permission to go to her but did not. They had an exception to the Order of Protection to allow them to be with Evanna during her last hours.

In a May 11 post the family accused DSS of intentionally asking a friend of theirs where they were while knowing the friend didn't know. According to the family DSS had asked that person at least 6 times about where the parents were. Contrary to the parents' claim IMO DSS probably also asked others if they knew where Steve and Heidi were.

DSS told that person to tell the parents that Evanna was declining rapidly and they should come to the hospital the next morning. In fact DSS suggested by 9:30 am. They complained in the post that had they shown up then it would probably have been right when doctors took her off life support.

But the parents never showed up to the hospital so the doctors went ahead and removed Evanna from life support.

That's a very different story from what they are posting now. Now they say Steve and Heidi were actually barred from going to Evanna. They declare it over and over, even as recently as November 28. It's not true - their own words expose their lie. This is not my own opinion, this is their own narrative.

That is just horrifying. Poor Evanna.

 

[Lilibet]

So based on NY statute, all seven recklessly caused Evanna’s death because they consciously disregarded the fatal risk to Evanna when they delayed getting medical help for symptoms that a reasonable person would realize could be fatal.

Did I get that right?

It appears that anyone in contact with Evanna who was aware of her serious symptoms is culpable, not just her parents.

 

[CrimeAway]

IMO, if I treated a dog with the disregard that sweet Evanna seems to have been treated (from the description of events from the family blog), I would be guilty of animal cruelty.
If a CHILD/cat/dog/goat is sick for more than 1 day and getting WORSE, not better, a reasonable, prudent caretaker would seek proper (qualified/licensed) medical assistance as SOON and LOCALLY as possible IMO.

 

[Wyle_E_Coyote]

Is the original thread from last year still viewable? Or was it completely deleted?

 

[Lilibet]

As I read the NY Statute I posted above, it seems to me that anyone who was aware of Evanna’s serious and potentially fatal symptoms would be culpable if they did not get help for her, even if the parents refused. The adult children did not need to sit by and watch Evanna decline if the parents refused to seek help. Even if they aren’t considered caretakers legally, I don’t think it matters.

For example, if I had visited their home and had seen Evanna’s symptoms and knew how potentially fatal they were, I could and would call DSS for help even if the parents declined to get her help. JMO

 

[Lilibet]

Is the original thread from last year still viewable? Or was it completely deleted?

Tricia may have kept it somewhere, but I don’t think it’s visible.

 

[Warwick7]

NY statute—Manslaughter in the second degree
125.15
A person is guilty of manslaughter in the second degree when:
1. He recklessly causes the death of another person; or
2. He commits upon a female an abortional act which causes her death,
unless such abortional act is justifiable pursuant to subdivision three
of section 125.05; or
3. He intentionally causes or aids another person to commit suicide.
Manslaughter in the second degree is a class C felony.

Culpability—Definition

3. "Recklessly." A person acts recklessly with respect to a result or
to a circumstance described by a statute defining an offense when he is
aware of and consciously disregards a substantial and unjustifiable risk
that such result will occur or that such circumstance exists. The risk
must be of such nature and degree that disregard thereof constitutes a
gross deviation from the standard of conduct that a reasonable person
would observe in the situation. A person who creates such a risk but is
unaware thereof solely by reason of voluntary intoxication also acts
recklessly with respect thereto.
BBM
Article 125 | NYS Penal Law | Homicide Manslaughter Abortion

An attorney’s description:

Manslaughter in the Second Degree occurs when a person continues with a reckless act that they are aware of committing, and they consciously disregard the potentially fatal risks involved to others. The risk must be of the type that any reasonable person would not ignore. Although this crime lacks the intention to do others harm, there is within it the knowledge that the activity being engaged in could cause serious or fatal injury to another.
BBM
Manslaughter in the Second Degree- NY Criminal Defense

Excellent post!!

 

[Warwick7]

NY statute—Manslaughter in the second degree
125.15
A person is guilty of manslaughter in the second degree when:
1. He recklessly causes the death of another person; or
2. He commits upon a female an abortional act which causes her death,
unless such abortional act is justifiable pursuant to subdivision three
of section 125.05; or
3. He intentionally causes or aids another person to commit suicide.
Manslaughter in the second degree is a class C felony.

Culpability—Definition

3. "Recklessly." A person acts recklessly with respect to a result or
to a circumstance described by a statute defining an offense when he is
aware of and consciously disregards a substantial and unjustifiable risk
that such result will occur or that such circumstance exists. The risk
must be of such nature and degree that disregard thereof constitutes a
gross deviation from the standard of conduct that a reasonable person
would observe in the situation. A person who creates such a risk but is
unaware thereof solely by reason of voluntary intoxication also acts
recklessly with respect thereto.
BBM
Article 125 | NYS Penal Law | Homicide Manslaughter Abortion

An attorney’s description:

Manslaughter in the Second Degree occurs when a person continues with a reckless act that they are aware of committing, and they consciously disregard the potentially fatal risks involved to others. The risk must be of the type that any reasonable person would not ignore. Although this crime lacks the intention to do others harm, there is within it the knowledge that the activity being engaged in could cause serious or fatal injury to another.
BBM
Manslaughter in the Second Degree- NY Criminal Defense

Thus why Cesar Ryan Torres is charged also.

 

[Warwick7]

Yes, they said they noticed the swelling, it went away, and then reappeared on the day they called 911. In one post they mentioned that she had been sick for a couple of weeks, and the cold that everyone else had lasted about 3 weeks.

With any child, a cold or virus that persists for more than five days would normally prompt a parent to go to the doctor, especially if new symptoms appear or worsen. It could be a sign of a secondary infection.

They also hinted that other family members had been to a doctor for the same virus and they have the medical records. So why didn't they take Evanna?

Imo

Yes, it should have prompted them to get ETB to the doctors right away.

 

[Imby001]

I've lived there and do not trust the D. A., Paul Czajka.

Seems confusing to me as you said you were glad for the arrests, but feeling they could be dropped. I understand your writing to imply, that not only the DA who complied & submitted the charges is just playing a game of some kind, but also a judge in a manner of speaking since he accepted the filing & arraignment. What case have you experienced or seen to take the personal stance of randomly "Not trusting the DA?" with no follow up except "you lived there?"!

@MsBetsy
Comment of "It would not surprise me either. If what the family says is true, DSS did not have sufficient proof that the children were in imminent danger." IMO is not equivalent: DA is not involved with Dss regulations/decisions & that is not a trial. Our children are vulnerable & what" proof" you speak of is about hearings to decide whether to continue holding children away is in their best interest or whether services can be provided to give the children back-

 

[Imby001]

As I read the NY Statute I posted above, it seems to me that anyone who was aware of Evanna’s serious and potentially fatal symptoms would be culpable if they did not get help for her, even if the parents refused. The adult children did not need to sit by and watch Evanna decline if the parents refused to seek help. Even if they aren’t considered caretakers legally, I don’t think it matters.

For example, if I had visited their home and had seen Evanna’s symptoms and knew how potentially fatal they were, I could and would call DSS for help even if the parents declined to get her help. JMO

NO. It's about whether one had a duty to care. Defined by the ongoing care of the children. Venuska stated she was in charge of homeschooling as well as her text saying she's still dealing with Evanna. The rest I imagine is additional evidence which could even just be the children's statements-- but likely they all stated a mutual care for all aspects of the kids including im sure participation of medical care (or shall we say lack of?)

 

[CrimeAway]

This is one definition/explanation of "duty of care"

Duty of care - Wikipedia

 

[Imby001]

As for the manslaughter charges, the prosecution would have to prove there is a direct link between the parent's neglect and the child's death. They would have to show that the adults were aware that Evanna was gravely ill and knowing the consequences, deliberately delayed seeking medical care.

@MsBetsy
Agree what you've stated needs to be proved by DA, but IMO if I had to rely solely on the statements they've said to date, I see Venuska, Heidi & Steve guilty of manslaughter. Ryan Torres did not have the best interests of his children when he would not support Veronica (grandmother) petition to take temp custody in order to remove them from foster care recently. None of them have best interests in children when they would not agree to visitation rules for MANY MONTHS until it was modified (that means to me services should continue w Dss. The fact that NONE of them would agree to a protection order w kids re: Heidi/Steve also means that the kids DONT if ever come first.

Which leads me to think that since charges were sustained in court for arraignment FOR ALL for homicide... Then WE know VERY LITTLE of ANY evidence... Just the pieces the family felt they could counter publicly. MOO

 

[Imby001]

This is one definition/explanation of "duty of care"

Duty of care - Wikipedia

@CrimeAway You quoted for Civil law. For criminal law may fall under the Family laws of NYS- here is the link w relevant section:

New York Consolidated Laws, Family Court Act - FCT § 1012 | FindLaw

g) “Person legally responsible” includes the child's custodian, guardian,  1 any other person responsible for the child's care at the relevant time.  Custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or neglect of the child.”

 

[Imby001]

Logic and reasoning seems alien to the adults in this family, IMHO.

ETA
I really wish that the adults in this family (charged) would accept *some* responsibility for not getting help for Evanna sooner, be willing to learn from what went wrong, and commit to working with authorities to get their collective children back into the family. Sadly, (IMO), from reading their voluminous postings online, I don't think this is possible.

@CrimeAway In fact they were specifically asked this & specifically denied any regret even in regards to just getting her to the hospital sooner. TOS do not allow me to link to where on FB that is/was not to where on FB the screenshots of Venuska response.

 

[MsBetsy]

NO. It's about whether one had a duty to care. Defined by the ongoing care of the children. Venuska stated she was in charge of homeschooling as well as her text saying she's still dealing with Evanna. The rest I imagine is additional evidence which could even just be the children's statements-- but likely they all stated a mutual care for all aspects of the kids including im sure participation of medical care (or shall we say lack of?)

Yes, I'm wondering now what some of the children may have revealed. They may have provided some useful information about Evanna's symptoms and her condition, as well as how long she was actually sick. Children generally aren't manipulative in the way the adults have been in this case.

What the family does not seem to realize is how incriminating some of their posts are. They come across as knowledgeable and well-researched, citing medical evidence to support their statements, which might be very helpful to the prosecution.

It's hard to believe that not one adult did not consider a 12 year old with swollen ankles could potentially point to a serious condition, and that a swollen abdomen would likely be due to "gas," considering the fact that she was sick for so long.

The choking story makes no sense and is only brought up over and over again to draw attention from the real reason Evanna needed immediate medical care.

And with all their posts with endless details, I still find it strange that nobody mentioned whether Evanna had a fever or whether they even took her temperature the entire time she was sick.

Imo

 

[Imby001]

Yes, I'm wondering now what some of the children may have revealed. They may have provided some useful information about Evanna's symptoms and her condition, as well as how long she was actually sick. Children generally aren't manipulative in the way the adults have been in this case.

What the family does not seem to realize is how incriminating some of their posts are. They come across as knowledgeable and well-researched, citing medical evidence to support their statements, which might be very helpful to the prosecution.

It's hard to believe that not one adult did not consider a 12 year old with swollen ankles could potentially point to a serious condition, and that a swollen abdomen would likely be due to "gas," considering the fact that she was sick for so long.

The choking story makes no sense and is only brought up over and over again to draw attention from the real reason Evanna needed immediate medical care.

And with all their posts with endless details, I still find it strange that nobody mentioned whether Evanna had a fever or whether they even took her temperature the entire time she was sick.

Imo

Agree: and they have at time revealed even more in their posts/comments (again screenshots in fb elsewhere) -They noted that DSS petition had reference to a child stating Evanna had liquid coming out the back of her legs” - They also mentioned that they did not go to the hospital in the 6th out of concern that they were being setup to be arrested- Also it was RYAN who contacted by phone the DISTRICT ATTORNEY office on the 6th & learned there was a hearing (which they need not attend as that 1st one parents aren’t often even aware of as it’s “Emergency Hearing” & they were told to attend one on the 9th (that Monday following her death)- which they did not attend any hearings until the 18th and from their account heidi & steve did not attend in person. INDEED there is much evidence unknown; that is a given considering the investigation remained open- children testimony is likely not even the totality MOO

 

[uburoi1]

So why do you think he's going to drop the charges? Do you mean just against Heidi and Steve or all 7 adults?

I didn't say that. I said it would not surprise me. I was elated charges were filed. That was a huge step I applaud. But there are always oddnesses possible in this county.

Trivia: It's the tick fever capital of the known world.