Manslaughter Charges for Daycare Worker, Church Corporation
By Henry Frederick, Staff Writer
Originally published by the Daytona Beach News-Journal, October 6, 2001
DAYTONA BEACH — The State Attorney's Office filed a manslaughter charge against a church corporation Friday and arrested one of its day-care workers in the Aug. 10 death of a toddler who was left inside a hot van for two hours.
Gail Besemer, 40, Daytona Beach, was charged with felony neglect in the death of 2-year-old Zaniyah Hinson. She was being held on $2,500 bail late Friday night at the Volusia County Branch Jail.
The State Attorney's Office also informed the Rev. Marcus Triplett, pastor of Abundant Life Ministries at 910 Beville Road, that the church corporation has been charged with manslaughter.
As president of the corporation, Triplett can be blamed for the actions of the Abundant Life Academy of Learning, the corporation's day-care facility that had responsibility for Zaniyah's care, said Assistant State Attorney Phillip Havens.
Should a jury find Abundant Life Ministries guilty of the first-degree felony, Triplett could face up to 30 years in prison or a $10,000 fine, Havens said.
Zaniyah was pronounced dead on arrival at Halifax Medical Center, minutes after she was carried out of the locked van by a day-care worker. She had gone to look for the Port Orange toddler after her mother arrived to pick her up.
"The corporation's being held accountable for a series of reckless acts that endangered all the children and took the life of Zaniyah Hinson," Havens said.
Tekela Harris, Zaniyah's mother, cried Friday night when informed of the state's action.
"Everyday I think about how my baby died," said Harris, 25, adding, "I wondered whether anything was going to be done or not. I'm relieved to know my baby is going to get justice."
Harris had gone to Abundant Life on Aug. 10 to pick up Zaniyah and her other two children, ages 5 and 6. When she asked where Zaniyah was, a day-care worker ran to the van with a set of keys and carried the little girl inside.
Harris made a 911 cellphone call as a day-care worker attempted cardiopulmonary resuscitation until Fire Department paramedics arrived and determined Zaniyah had no vital signs.
Charging documents released by the State Attorney's Office indicated the temperature was between 125 and 127 degrees.
Besemer told police she had returned from a trip to a local park and forgot to do a head count. She also told investigators she did not use child safety seats for the younger of 14 children, ages 2 to 6, including Zaniyah. The van was equipped to handle no more than seven passengers, according to police reports.
Triplett has been ordered to appear in court. He could not be reached for comment after state's attorney investigators informed him of the charge at the church at 9 p.m. Friday.
Harris' Tallahassee attorney, Benjamin Crump, said he respects State Attorney John Tanner for "keeping his word about doing a thorough and complete investigation."
"They said at their press conference they wouldn't be rushed or bullied in investigating this matter—that their only objective was getting to the truth."
Tanner held the news conference Aug. 31, acknowledging then that his office was under increased pressure to conclude an investigation into the death because of extensive media reports and a grassroots petition drive with more than 2,000 signatures.
Stories about Zaniyah's death got national media attention.
Triplett described Zaniyah's death as "an isolated incident" and said the day care would not close, despite the urging of the Florida Department of Children and Families. The state cannot regulate church-run day-care facilities because of laws that provide for separation of church and state.
