Indictment in child’s death tossed out

Kim Smith

Thursday, Nov. 9, 2000 | 11:03 a.m.

The indictment of a former Child Haven worker accused of killing her foster child has been dismissed.

District Judge Kathy Hardcastle dismissed the murder charge against Sheila Logan Wednesday after defense attorneys argued that prosecutors made errors during the grand jury proceeding two years ago.

The prosecutors told the grand jurors that there are certain crimes where malice is automatically assumed and one of those crimes is murder by child abuse.

A recent Nevada Supreme Court decision, however, indicates that prosecutors must prove malice to get a murder by child abuse indictment.

Had the grand jurors been given the proper instructions, they would never have indicted Logan because she lacked malice, argued Special Public Defender Phil Kohn.

Chief Deputy District Attorney Doug Herndon said he must now decide whether to appeal Hardcastle's decision or take the case back to another grand jury.

Evan Watkins died at University Medical Center on July 11, 1996, after Logan noticed he had stopped breathing and called for an ambulance.

The 21-month-old baby's death was originally ruled accidental, but a second pathologist, who was consulted by detectives, decided the baby's internal head injuries were caused by being shaken violently.

Herndon said it could be several days before he decides how to proceed.