A former babysitter has pleaded guilty in the death of a man she injured and disabled when he was an infant four decades ago.
Terry McKirchy, 62, on Wednesday accepted a plea deal around the death of Benjamin Dowling, who was five months old when he had a brain hemorrhage while at her Fort Lauderdale home in 1984.
Dowling died at the age of 35 on September 16, 2019, at his family’s home in Florida’s Gulf Coast, after struggling through his life with disabilities from taking a beating.
McKirchy in a letter to Dowling’s parents read by her lawyer confessed to being exhausted and overwhelmed from caring for multiple children, and striking him out of frustration.
‘It was in a state of impulse and anger that I struck Benjamin while he and other children were crying,’ wrote McKirchy.
‘Your life and Benjamin’s life were truly harmed by me and I am truly sorry.’
The former babysitter in an orange jumpsuit and handcuffs displayed no emotion as her letter was read during her court hearing.
Dowling’s mother, Rae Dowling, said his body was limp and that he had his fists clenched when she picked him up from the sitter and that he was shaking intensely, which doctors said led the hemorrhage. McKirchy was arrested days later.
He was wheelchair-bound for life and was not able to talk or eat without assistance. He also underwent a few surgeries including having metal rods inserted along his spine. His autopsy indicated that he died from injuries he sustained as a baby.
Before pleading guilty to manslaughter in the deal, McKirchy faced a first-degree murder charge and a possible sentence of life in prison.
She had already pleaded no contest to attempted murder in the case in 1985 while being six months pregnant. McKirchy was sentenced to weekends behind bars until she gave birth to her third child, then was on probation for three years.
McKirchy, who resides in Sugar Land, Texas, turned herself in to Broward County Jail in May to start serving her sentence as the plea deal was being finalized.
The victim’s parents said they were shocked to hear that McKirchy would be offered a plea deal early in the case and that they remain surprised by her sentence. Her guilty plea has helped them come to terms with their son’s death but has not erased the pain.
‘Growing up, Benjamin taught me and countless others invaluable lessons about compassion, empathy, patience and understanding,’ said his younger sister, Melissa Dowling.
‘Benjamin’s presence was a constant source of inspiration. He never walked or talked or got the chance to say, “I love you.”’
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