Mother won’t be charged in baby’s death

Keith Paul

Tuesday, June 5, 2001 | 10:42 a.m.

The mother of a baby who died after being left in a sport utility vehicle in the midday heat will not be charged in connection with the baby's death.

Prosecutors and police said the death was a tragic accident, but not a crime.

"She is going to punish herself more than any criminal action," said Ronald Bloxham, a Clark County chief deputy district attorney. "This was a horrible accident, and there was no criminal intent."

Dallas Nelson, 9 months old, died May 24, two days after being accidentally left for about two hours in a Dodge Durango, which was parked in the driveway at the home in high temperatures. North Las Vegas Police investigated the boy's death.

Detective Bob Tanner said a series of events resulted in the sleeping baby mistakenly being left in the SUV.

According to the investigation, Lanae Wilson had planned to take Faun Nelson to lunch May 22 for her birthday. The two women, in separate cars, stopped at a McDonald's to buy food for their children. Each had two children in their cars.

Nelson's 2-year-old son wanted to ride in the other car to the home of Nelson's sister, Erin Joilfs, who had planned to babysit the four children while the two women were at lunch.

Upon arriving at Joilfs' home in the 2000 block of Bahama Point Avenue, near Simmons Street and Lone Mountain Road, Nelson's toddler son ran from the car and into the street. Nelson chased the 2-year-old and took him into the house.

Nelson and her friend believed Dallas had been brought inside; Joilfs apparently thought the baby was going with the two women. Dallas Nelson, strapped in his child seat, was asleep in the back of the Durango. Nelson and Wilson left in Wilson's car, which had been parked near the Durango.

Nelson and Wilson returned about two hours later at 2:30 p.m. Nelson went upstairs to get Dallas, but he wasn't there. It was then that Joilfs told her she thought Dallas was at lunch with the two women.

Three neighbors near the Bahama Point Avenue home reported hearing screaming or crying during the time Dallas was left in the SUV; however, no one tried to determine the source of the noise, Bloxham said in his memo.

"I listened to the 911 call made by the sister, and she (Nelson) was hysterical in the background," Tanner said. "We investigated everything, and it's just a tragedy."

The outside temperature between noon and 4 p.m. was 99 degrees. At 4 p.m. a thermometer was placed inside the closed SUV, and within minutes it read 137.2, according to a memo written by Bloxham detailing prosecutors' decision not to press charges.

"The death of Dallas Nelson was a great tragedy. However, it appears to (be) a horrible accident," Bloxham wrote in the review. "The actions of Faun Nelson do not rise to the level of criminal negligence. Therefore, the Office of the District Attorney will not be filing criminal charges against Faun Nelson regarding the death of her son Dallas Nelson."

Bloxham said prosectors have had similar cases. When such an event is ruled an accident and there is no evidence of prior abuse or neglect, the cases aren't believed to be criminal, he said.

"We have (prosecuted) a case or two when a couple has left a child in a car and gone gambling, but that changes the facts and they need to be prosecuted," Bloxham said.