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Daycare Owners Sued for Hiring Negligence After Child’s Death

"As parents, we trust that our children are safe while they are under the supervision of organizations like Community Nursery & Preschool, and that those individuals taking care of our children are responsible, qualified, and professional care providers. When organizations and individuals betray that trust, the consequences can be tragic and heart-breaking." That sounds like some of the openings we've had to write in response to children being injured or killed while at daycare. In fact they're the words of David S. Cain Jr., an attorney representing the family of 5-year-old Kamden Johnson, whose body discovered in the driveway in Mobile, Alabama last week. The family is suing the daycare Kamden was supposed to be attending on the day he was found, claiming the company was negligent in screening and hiring Valarie Rena Patterson, who has also been charged with multiple crimes relating to the boy's death.An Avoidable Tragedy Though all the details are not yet known, it sounds like Kamden was another tragic victim of being left in a hot van for too long. Kenya Anderson, the Director of the Community Nursery & Preschool Academy, told AL.com that Patterson was in charge of shuttling children between daycare facilities. Kamden was a passenger in the morning, but Patterson allegedly told Anderson she didn't pick him up for the afternoon rounds. Anderson, along with Community Church Ministries, Inc. and owners Carl and Angela Coker, are named in the lawsuit, which claims the daycare failed to conduct a background check on Patterson before her hiring. A Knowable Past According to law enforcement, that background check would've been revealing. AoL.com reports: Mobile County jail records show Patterson's arrest history dating back to November 1991 for three counts of second-degree theft of property charges, two counts of first-degree theft of property, two counts of third-degree theft of property, no driver's license and failure to appear in court charges. She was arrested a second time in August 1999 in Florida on first-degree theft of property, giving a false name to police and fugitive from justice charges. Court documents show that Patterson used an alias name of Valarie Hardy during that arrest. She was arrested a third time in October of 2007 on a fugitive from justice charge. In this case, Patterson has been charged with corpse abuse and manslaughter. Whether the Community Church daycare performed its due diligence in hiring Patterson may be a question left to another jury. Related Resources: Find Wrongful Death Lawyers Near You (FindLaw's Lawyer Directory) Child Injured at Day Care: Should You Call a Lawyer? (FindLaw's Injured) 3 Most Common Injuries in Daycare (FindLaw's Injured) Signs of Daycare Abuse (FindLaw's Injured)
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Fleeing From Justice: What Can Happen?

Fleeing from justice is an overall bad idea. Not only will you be considered a fugitive, but there are no legal benefits for trying to escape criminal prosecution. Of course, that hasn't stopped criminals from trying to hide from law enforcement. But even some of the most notorious fugitives like mob boss Whitey Bulger eventually get caught. Same with lesser-known folks who try to get away with things like being a deadbeat parent. So while each situation is different, here are a few examples of what can happen to criminals who try to flee from justice: The statute of limitations for the crime won't apply. For federal crimes, the statute of limitations for the crime committed doesn't run out just because the criminal is on the run. For example, if the statute of limitations for a crime is five years, but the criminal intentionally hides out in another country for 10 years to avoid prosecution, he can still be prosecuted for the crime if he's caught even though the five-year limitations period has passed. A warrant will be issued for your arrest. If a criminal has an upcoming court date but doesn't show up, a bench warrant will be issued for his arrest because he's in contempt of court. For fugitives who flee from one state to another to avoid arrest, a fugitive from justice warrant will be issued in one jurisdiction for someone who's a fugitive in another jurisdiction. Your mugshot may make you (in)famous. Criminals attempting to escape the law are not only facing legal problems, but could also face reputational issues. Law enforcement frequently shares mugshots of wanted criminals on its social media pages and with the media, so everyone will know you're fleeing from justice. Bounty hunters can potentially track you down. Bounty hunters are authorized by the law to track down criminal defendants who skip out on their bail and fail to appear for their court dates. Bounty hunters have a monetary incentive to track down criminals on the run, so even if law enforcement officers don't catch you, a bounty hunter might. You may face extradition. Criminals who flee to another state or country can face extradition back to the jurisdiction where the crime occurred. For criminals who've fled to other states, the state seeking extradition must file the proper documents, show that you've been charged with a crime in that state, and show that you're a fugitive. This means that you intentionally went to another jurisdiction to avoid getting caught. If you need more help understanding how the law applies to criminals fleeing from justice, consult a criminal defense attorney in your area. Related Resources: Fugitive sought since 1977 found in California (MSN News) Fleeing Police by Car is a Violent Felony (FindLaw's Blotter) Joran Van Der Sloot's U.S. Extradition Set for 2038 (FindLaw's Blotter) 5 Countries With No U.S. Extradition Treaty (FindLaw's Blotter)
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