Charges filed in toddlers' deaths
Mother, grandmother failed to properly restrain children, authorities say
By Nathan Frandino
The Post and Courier
Wednesday, May 21, 2008
Authorities on Tuesday blamed the mother and grandmother of two children fatally injured in a May 8 car crash for their deaths. Ana Garcia-Millan, 3 1/2, died just hours after the accident, and 18-month-old Juan Garcia Carbajal died the next morning at Medical University Hospital.
Their grandmother, Maria C. Millan-Frausto, 42, was driving. She is cited for improperly restraining a child, while the mother, Delores Veronica Garcia-Millan, 22, is charged with two counts of unlawful conduct toward a child. Charleston County Sheriff Al Cannon said that these charges were based on the failure to ensure the children's safety. "You've got to hold a parent accountable when it comes to child restraints in a car," he said. "That's negligent, and those children died as a result of negligence." While it was unclear on the day of the accident, Charleston County Coroner Rae Wooten confirmed that Ana was not belted in, and the smaller child was restrained with a seat belt pulled across a child's seat. Child seats have a separate belting system for restraining children, and that wasn't used, authorities said. Both children died from head injuries, Wooten said.
After the impact, the car seat that Juan was seated in was hanging outside of the door, still strapped to the seat belt. Initially, their mother was thought to be in the front seat, but authorities said that she was actually seated in the back. By South Carolina law, both children were required to be restrained in a forward-facing child seat because of their ages. In reports by the National Highway Traffic Safety Administration, car safety seats are "54 percent effective in reducing deaths for children ages one to four." Cannon said investigators discovered that a malfunction in the driver's side rear tire caused the car to veer off the road. Investigators also found that the driver didn't do anything to cause the accident. "We believe something catastrophic occurred to the driver's side back tire that sent the car down the hill," Cannon said. The family was driving east on Interstate 26 on the way to Ashley Phosphate Road from U.S. Highway 78 when the crash occurred. The 1991 Oldsmobile Cutlass slammed into trees, throwing the two children from the car. The family could not be reached for comment, and the grandmother's family, who owns La Fortuna restaurant on Loftis Road in Hanahan, declined comment. The mother was released on a personal recognizance bond.
Reach Nathan Frandino at nfrandino@postandcourier.com.
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Posted by luvmydogs59 on May 21, 2008 at 1:04 a.m. (Suggest removal)
When this tragedy occurred and the first articles came out, most of us on here knew there was way more to it than just a blown tire. I'm so very, very glad that charges have been brought against the mother and grandmother. They knew what they were doing when they put those children in the car, one unrestrained and one incorrectly restrained. Must have been too much trouble for them to go out and get another car seat, because I'm sure they were "just too busy" (sarcasm). Or they would say they couldn't afford it...the grandmother owns a thriving business, so that excuse is out the window. If they had just taken the time to get another car seat and a few extra minutes making sure the children were properly placed in a safe manner in the car, the loss of the children's lives would not have happened.
This is negligence, pure and simple and I'm glad the autorities charged them. I hope they get a long prison term. They have to live with the deaths of these precious angels every day of their lives...and I hope that they suffer, knowing that because of their careless actions, 2 innocent children were taken away all too soon.
Posted by ForPnC on May 21, 2008 at 4:16 a.m. (Suggest removal)
Two beautiful children gone because of stupidity and laziness.
Posted by pirate42 on May 21, 2008 at 5:21 a.m. (Suggest removal)
Illegaels bet they flew back to Mexico
Posted by Thomas1776 on May 21, 2008 at 5:39 a.m. (Suggest removal)
What about holding parents responsible when they leave their children alone in a locked car?
Posted by Thomas1776 on May 21, 2008 at 5:41 a.m. (Suggest removal)
Like the Geralds tire commercial says "Tires and Brakes are ... .. . "
Posted by moonpie on May 21, 2008 at 6:11 a.m. (Suggest removal)
Thomas they DO hold the parents responsible when they leave kids in a locked car?
This just proves what we are dealing with in the illegal community. I see it everyday traveling, no seat belts, don't use turn signals, high rates of speed, and HELL MOST HAVE NO SC DL! Total disregard of our traffic laws and laws period, including safety on the job or the road.
BUT THEY DO WORK CHEAP! AND THEY ARE DOING WORK US FAT LAZY AMERICANS WON'T DO, RIGHT?! Biggest crock I have ever heard.
Posted by ColdBeer on May 21, 2008 at 6:57 a.m. (Suggest removal)
Sad, frustrating, stupid. There are a lot of adjectives that apply to this story and these people.
Posted by tellthetruth on May 21, 2008 at 7:28 a.m. (Suggest removal)
That's just great. They lost two children and now you want them to pay with a jail sentence or money to the police and courts. Our legal system stinks
Posted by groover on May 21, 2008 at 7:31 a.m. (Suggest removal)
I agree with all of the comments above. Two children are dead because of parental stupidity. It is sad no matter how you look at it, but it could of been prevented. Everyone needs to slow down, doesn't make sense. Why is everyone is such a hurry to get to work and back? I was told the other day that Charleston was rated the nicest people but on the road we were rated the most angry and meanest drivers in the country. I am not sure how that is a valid statistic but I do see a lot of pissed off people on the road. I just get over on the right lane and cruise to whereve I am going. Try listening to NPR while driving, it can help tune you out to all of the disgruntal drivers.
Posted by suec on May 21, 2008 at 7:33 a.m. (Suggest removal)
How many years behind us are most 3rd world countries? I doubt if they do PSA's on car safety.
I am not sure of the exact year that car seats became law but it wasn't all that long ago. So that makes some of you or your parents stupid and lazy? I was never in a car seat neither was my younger brother.
Hopefully this accident will serve as a wake up call to those people who are not aware of the important of child retraints.
How many of you would have bought car seats and buckled up if it had not been made a LAW? I remember peoplecomplaining when the car seat and seat belt laws went into effect.
Posted by ms_lady2u on May 21, 2008 at 7:33 a.m. (Suggest removal)
Sorry for the lost of the two Angels,but the last 16th
accident I've avoided in the last 3 months were Hispanic drivers!!
Posted by bearjon on May 21, 2008 at 7:38 a.m. (Suggest removal)
If the family owns a restaurant they could have afforded a decent set of tires and a couple of car seats for the children. This is just plain and simple disregard for the life of those poor children that didn't ask to be born to a parent and grandparent like that.
Posted by wpc3iop on May 21, 2008 at 7:51 a.m. (Suggest removal)
I'd like to know more about the cause of the accident...the adults need to be punished, without a doubt!
Posted by devster on May 21, 2008 at 7:56 a.m. (Suggest removal)
Just because you own a business doesn't mean you have lots of money.*
It also does not say anywhere in the article that they were illegal immigrants. **
Regardless, there is no excuse not to put the safety of your children first.
* & ** IF they are illegal immigrants running a business, that may explain why they have no money; especially if Western Union is involved. Har Har!
Wait; did I just infer a stereotype?
Well, I'm Irish so you could probably assume that I drink more than I should. Since that's true, I can't really be offended if one were to suggest it, can I? Should I?
Posted by summerville_guy on May 21, 2008 at 8:36 a.m. (Suggest removal)
Suec, I cannot speak for your parents because I obviously do not know them, so don't take what I am saying the wrong way. However, I was a small child before child seats were required in SC, and my mother strapped me into my car seat every time we got into the car, even if we were just going around the corner. She would dare not even think about not having me restrained, and I chalk this up to common sense.
How could any parent, no matter what country they are from, possibly not care enough to restrain their children in the car? Adults who do not wear seat belts fly out of vehicles in many (though not all) wrecks. So how could anyone expect a much lighter child to stay in the car during a wreck and stay safe?
I read on a post in a previous story about this same wreck where someone said that we should take into consideration the culture that these people were from. That somehow being Hispanic should give them a pass because "they are probably used to just letting the children sit in the car unrestrained in their home country." I think this is the stupidest argument I have ever heard. Shouldn't parental instincts, combined with common sense and at least a basic concern for the life and well-being of your child, come into account?
Or am I totally missing something here?
Posted by Tammie on May 21, 2008 at 8:38 a.m. (Suggest removal)
Where in the article does it say that the mom and grandmother are illegal?
Anyway, two beautiful children gone because of failure to ensure their safety. If they weren't sure how to buckle the children in properly, don't the police offer to check to make sure you have the children in safely? This tragedy could have been prevented. God bless those two beautiful babies.
Posted by katrenavantassle on May 21, 2008 at 8:47 a.m. (Suggest removal)
I read that the mother was out on a PR Bond. Would cost too much to keep a 24/7 guard on her in suicide watch. Did they keep the grandmother that owns the business? Hummmm...money for the state...yes our legal system is need of some reform.Dont get me wrong, I do think they should be punished for their negligence so as to set an example to other parents that are in too much of a hurry to care about their childs safety. But I fail to see how jail time is the answer. Make them serve community service for 200 hours showing photo's of the children and telling their story of how they didn't properly restraint their children and that they died. THAT IN ITSELF WOULD BE PUNISHMENT IN EXTREME fOr THEM TO RELIVE IT OVER EACH TIME!!! And that would relieve our tax payers and our already too crowded jails with non-violent criminals.
Posted by abitskeptical on May 21, 2008 at 8:53 a.m. (Suggest removal)
katrenavantassle--not a bad idea.
The mother & grandmother should be made to do community service telling this story so that this does not happen again. Jail time would be ridiculous in this case.
Posted by palmettotree on May 21, 2008 at 8:56 a.m. (Suggest removal)
I feel so sorry that two young lives are wiped out through carelessness. Being hispanic does not get them off the hook. I am glad to hear that charges are being brought up against them both. For a few days after this accident everytime I thought of them I got sad. I don't feel one ounce of pity for the mother or grandmother.
Posted by Marianne0558 on May 21, 2008 at 9:12 a.m. (Suggest removal)
I think a more suitable punishment for these two women would be to force them into public speaking. They should be made to tell their story over and over to expecting parents. They should warn other parents about child safety.
Turn something horrible and tragic into something useful-a learning experience. Scare the crap out of other driving parents.
Every day, I see people driving children around unrestrained, not even an adult seatbelt (which would probably be more damaging in an accident). I shake my head in disbelief.
I have a 2 year old daughter. I admit, I have forgotten things like her diaper bag and maybe her sippy cup every now and then but NEVER IN A MILLION years would I forget or purposely drive even a few inches without restraining her properly. She is my LIFE. If she were gone because of something I failed to do, I wouldn't want to live anymore. That is called being a PARENT.
Anyone can be mothers and fathers but it takes a special kind of person to be a mommy or a daddy.
Posted by ColdBeer on May 21, 2008 at 9:55 a.m. (Suggest removal)
Posted by tellthetruth: "That's just great. They lost two children and now you want them to pay with a jail sentence or money to the police and courts. Our legal system stinks"
tellthetruth, when one has a child, one is accepting responsibility for properly raising that child. We have to have some form of punishment for neglecting that responsibility as it's been proven, time and time again, that if there are no repercussions for doings things wrong, people WILL do them wrong ALL of the time.
Yes, it's sad that they have lost two children, but their actions are the reason those two kids are gone and they need to be held accountable.
It's the same as if they had given a two year old a loaded gun to play with...
Posted by Thomas1776 on May 21, 2008 at 10:14 a.m. (Suggest removal)
If I am driving along the interstate at the speed limit, and my tire blows out causing me to lose control - crashing into another vehicle injuring or killing an occupant inside that car, did I commit a crime?
Posted by abitskeptical on May 21, 2008 at 10:16 a.m. (Suggest removal)
No.
However, if you had unrestrained children in your car,
yes.
Posted by abitskeptical on May 21, 2008 at 10:20 a.m. (Suggest removal)
Let me modify my "No" answer.
It would depend on several factors I believe.
There probably would be an investigation into what shape the tire was in. Sometimes they are defective & that would not be your responsibility.
Posted by Charles_Town on May 21, 2008 at 10:31 a.m. (Suggest removal)
I would like to know more information about the malfunctioning tire(??), aren't too many ways these can malfunction. I do believe that if they have sufficient evidence showing the parent, grandparent were negligent they should be charged with involuntary manslaughter. Yes, they have gone through a lot with this loss of these young children, but people should have to face stiff penalties for failing to be responsible. It is a shame I see it almost everyday driving to and from work, children I can see do not meet the limits to use a regular seatbelt using one, or in a lot of cases not using any. At the same time I see the adult with no seatbelt, using a cellphone, smoking a cig, oohh and trying to drive. I have gotten in arguments with family on my side and my wife's about this and these two members are not allowed to drive my son anywhere.
Posted by jkjb3 on May 21, 2008 at 10:44 a.m. (Suggest removal)
Who cares where they came from, what color they are, or what they own. WE ALL have done stupid stuff that could have cost lives before - we were just lucky. Nonetheless, 2 babies are dead, and this family is forever changed. But, laws are laws. They need to be held accountable, although their conscience will be what punishes them the most. Now, society needs to learn from ones mistakes, or WE are the idiots!!! When I read people bringing up the nationality and such, I think "hmm, I am surrounded by self-righteous idiots"... Because, the main point to this horrific trajedy is completely missed!
Posted by Early on May 21, 2008 at 10:59 a.m. (Suggest removal)
I remember dad would throw us in the way back of the station wagon, no seat belts. It was a freak accident.
Posted by downtownsurvivor on May 21, 2008 at 11:06 a.m. (Suggest removal)
I say bring back vehicle inspection! SC desperately needs it! Our community is growing with legal and illegal immigrants! The mom and grandmom should be punished, but jail is not the answer! They should participate in community service such as teaching drivers education to other immigrants.
Posted by crankyyankee on May 21, 2008 at 11:11 a.m. (Suggest removal)
I pulled off of Hwy 52 into a business parking lot recently behind two young women in a truck with about seven or eight children riding unrestrained in the bed. They had about four or five other kids in the cab when they unloaded. I watched and was stunned that they had gotten that many people in the truck but was even more flabergasted that they had driven up 52 in broad daylight with all these bodies in the bed of their truck without being pulled over. When I approached the truck and tried to talk to the driver I got the "no hablo" deer in the headlights look. Apparently losing a child means about as much to these folks as our immigration laws! At least it seems to be concentrated in the sections of town where no one wants to live. Be thankful for that.
Posted by Rebel_Yell on May 21, 2008 at 11:45 a.m. (Suggest removal)
I would rather have 10 illegal hispanics living in Charleston than 1 cranky yankee.
Posted by seriouslyb4real on May 21, 2008 at 11:49 a.m. (Suggest removal)
they should face murder charges for their laziness!
Posted by eyfigueroa on May 21, 2008 at 12:11 p.m. (Suggest removal)
SOMEONE PLEASE explain to me why EVERY SINGLE TIME there’s an article with individuals with Hispanic names, a select few posters ALWAYS have to post an illegal alien diatribe?
ANYONE?
At what point do you bigots (and you know who you are) stop living and breathing your racial prejudices, and just read articles and take them for what they are?
In this case, two women who negligently (deliberately or not) failed to safely secure two small children and because of this the children did not survive an accident, an accident that myself suffered through. (I had a faulty tire, still inflated but the wheel well had structural issues).
These women should be charged. Even if their motives weren’t malicious at the very least they were negligent.
There isn’t a CULTURAL aspect to this tragedy. Over the course of a lifetime I’ve seen FAR MORE Whites with children unrestrained in their vehicles and I don’t assume that it somehow how culturally indicative of the white race.
I’ve seen Blacks riding in cars with babies and toddlers in their laps. I’ve never saw a correlation between their race and lack of vehicle safety.
But some of you idiotas write on this board EVERY SINGLE TIME a Hispanic name is printed and have something to say about race/ethnicity.
¡Ustedes es estúpido e ignorante! ¡ BASTANTES!
Posted by suec on May 21, 2008 at 12:15 p.m. (Suggest removal)
Britney did it too!
Posted by Early on May 21, 2008 at 12:18 p.m. (Suggest removal)
Yep, those cars were made of steel not plastic like today's cars but yes, first thing that comes out of my mouth while driving with the family is' Everybody buckled up?"
and i get the aahhhh dad, yes!
Posted by Girleygirl on May 21, 2008 at 12:27 p.m. (Suggest removal)
Crankyyankee- some hispanics say "no habla English." so they won't have to talk to people they know have ill feelings towards them. They can speak English but some choose not to carry on conversations. I can't say I don't blame them.
Someone else post a comment about community service and I think that's a good idea as well for this family.
Again Early and Allwoman- I agree with you as well. I remember riding in the back of the station wagon with no seats with 2 other kids rolling a ball back and forth to each other.
Posted by Jane on May 21, 2008 at 1:20 p.m. (Suggest removal)
By the same token efy do you think you could ever post without calling people bigots and then rant in Spanish?
Posted by Early on May 21, 2008 at 2:03 p.m. (Suggest removal)
¡Ustedes es estúpido e ignorante! ¡ BASTANTES!
You are stupid and ingnorant bastards?
Posted by trod1 on May 21, 2008 at 2:28 p.m. (Suggest removal)
Posted by Girleygirl on May 21, 2008 at 12:27 p.m. (Suggest removal)
Crankyyankee- some hispanics say "no habla English." so they won't have to talk to people they know have ill feelings towards them. They can speak English but some choose not to carry on conversations. I can't say I don't blame them.
Not saying that wasnt the case there .but i was in the car
with a Filipino relative .we were in goose creek she gets pulled. over all of a sudden she only knows Tagalog.unfortunately for her she didn't bother to look up at the officer whom happened to be Filipino as well.when he started talking back to her her jaw dropped.i did all i could not to lmao.
Posted by commonsence on May 21, 2008 at 2:37 p.m. (Suggest removal)
I'm glad that charges were filed as well. Suffering with a guilty conscience is not enough punishment for extinguishing two innocent lives. It's as if some on this board think that a child's life is worth less than an adult's. When will we ever get to the point when the life of a child will have equal protection under the law? There should be no special consideration for negligent parents.
Posted by eyfigueroa on May 21, 2008 at 3:10 p.m. (Suggest removal)
early: LOLOLOLOL Nope! it's STOP!!!!
Posted by Jane on May 21, 2008 at 3:21 p.m. (Suggest removal)
So allwoman his calling people bastards in Spanish is ok?
Posted by eyfigueroa on May 21, 2008 at 3:22 p.m. (Suggest removal)
jane: Apparently you fit the bill since you seem so intent upon responding in such a manner. Is it not my right to "speak" in Spanish if I so desire?
Being multi-racial gives me a special appreciation of ALL of the beautiful hues of the human rainbow hence I hold no animosity towards any particular ethnicity or race. I only dislike people. So to answer your question, NO I’m not a bigot. I also don’t consider myself racially superior to others, in other words I’m also NOT a racist. (For some of you out there on both sides of the argument, that is the TRUE definition of racism/racist)
I read the article without any preconceived notions and I base my comments on the story and the comments posted by others.
Not to say that I don’t have any personal prejudices.
*I can’t stand liver or chitterlings.
*I abhor slothful, self-absorbed, ignorant people
*Not a big fan of closed toe shoes
*I HATE Gilbert Godfried’s voice.
See, I’m not perfect however I don’t read an article where the participant’s names are Hispanic & automatically spew Anti-Illegal rants. I don’t see a Black woman’s photo and automatically assume that she is on welfare. I don’t see a White person’s photo and automatically assume that they are cooking meth. I could go on, but it would more than likely be lost on you Jane and anyone else whose guilty conscious is also bothering them.
Posted by eyfigueroa on May 21, 2008 at 3:27 p.m. (Suggest removal)
Jane: which Spanish to English dictionary did you use to come up with that assumption? :-)
I've used several adjectives, both in English and in Spanish to describe people on this board, but I can honestly tell you that bastard isn't one of them. LOLOLOLOLOL
I've certainly hit a nerve allwoman haven't I?
Posted by eyfigueroa on May 21, 2008 at 3:32 p.m. (Suggest removal)
Bastante! = Enough!
Posted by Jane on May 21, 2008 at 3:37 p.m. (Suggest removal)
Actually Early was the one who said it was bastard my dear. Continue with your rants efy. You're quite good at it and by the way, I am half native American but that doesn't give me license to get on here and call people names. In fact, I could easily pass for Hispanic and I consider it a major compliment because I think alot of Hispanic women are very beautiful (I'm not but they are).
If north Charleston had thousands of blond blue eyed Russians living there illegally and the wreck had been Russian women and someone got on here and wondered if they were illegal would that offend you?
Posted by geekguy2008 on May 21, 2008 at 3:40 p.m. (Suggest removal)
I knew those hispanic women would end up being charged. Hate to say we told you so.
Cry me a river.
Posted by ColdBeer on May 21, 2008 at 3:50 p.m. (Suggest removal)
Early didn't say it meant "bastard", he asked if it meant "bastard".
eyfigueroa, I'm glad I'm not the only one catching flack today :)
Posted by eyfigueroa on May 21, 2008 at 4:18 p.m. (Suggest removal)
jane: YES!!!!!!
A bigot is still a bigot regardless of the direction he/she spews.
Just like an illegal alien is illegal whether he's a Figueroa, Mao, Ivanov, Allawi, Badeau, Smith, O’Leary, Kim, etc.
But to automatically start ranting about illegals for no other reason than their physical appearance or surname. Uh Uh.
See Jane, you will never be able to trip me up. Not because I’m smarter than you (for I would never make that assumption), but because I’m truly NOT bigoted, prejudicial or even racist.
Sorry, try again.
Posted by ColdBeer on May 21, 2008 at 4:28 p.m. (Suggest removal)
eyfigueroa, I bet you'd trip up if you tried to spell your own user-name :)
Posted by Girleygirl on May 21, 2008 at 4:39 p.m. (Suggest removal)
LOL @ everyone hitting nerves today.
BANG BANG BANG
Trod- That is hilarious.
Posted by Thomas1776 on May 21, 2008 at 7:42 p.m. (Suggest removal)
Why are garbage collectors allowed to ride on the sides of fast moving trucks and not restrained? I have seen them ride as much as 1/2 a mile at 35 mph on the sides of those trucks.
Why do people who ride Carta not buckle up?
Posted by luvmydogs59 on May 21, 2008 at 8:32 p.m. (Suggest removal)
When I was a kid in the 60s, there weren't any kind of seatbelt laws for anyone. Car seats were a long way off from being invented. My parents had a station wagon and only on rare occasions would they let me sit in the back of it. The car was equipped with lap belts (the only kind available at that time), and they made me put mine on in the back seat.
The older child wasn't even belted in at all! Bad enough there was no car seat, but at the very least, they could have buckled the seat belt over the child!
It boils down to total negligence, plain and simple.
Posted by coolfreaknbeans on May 21, 2008 at 8:42 p.m. (Suggest removal)
Black,white,asian,mexican-I could care less.ANY parent of any ethnicity without a proper child seat/restraint is a piece of crap in my book.I,as promised the other day in a post,called the PD on a woman with an approx.1 1/2 yr old unrestrained crawling about the car.I vowed I would never sit idle in disgust,I would report it-so I did.This story is tragic for those children and I hope those responsible see their wrong doing.Because believe it or not a lot of ignorant people never see what they did as wrong.They see it as tragic and a "freak accident".
Posted by pmflood1 on May 22, 2008 at 12:59 a.m. (Suggest removal)
my mom always sees ana, her little brother, and there mom catching the bus at 4:30 everyday because of her job mon -fri. My mom said that ana like her boots. The last time my mother seen them alive was 3 weeks ago. Peace be with them.
Posted by eyfigueroa on May 22, 2008 at 12:31 p.m. (Suggest removal)
Oh Coldbeer: you wound me so! ;-)
Posted by montypython on May 25, 2008 at 11:29 p.m. (Suggest removal)
my thought is too much too late...I don't care what nationality they are, when they get pulled over and their child is not properly restrained, what do they get? a $75 ticket. whoopee...DSS should be called immediately...and it should hurt BEFORE it becomes so tragic. And I have seen my share of American children on the interstate without safety seats...last summer I remember going down I26 doing about 70ish and I got passed by a young mom whose child looked no older than my own 18m old jumping up and down in the front seat. Where were the police then? Endangering children is a tragedy no matter who does it...but like I said, it's too much too late...they've already paid the ultimate price...