Day-care owner won’t be charged in death

Erica D. Johnson

Thursday, Oct. 2, 2003 | 11:10 a.m.

Prosecutors have decided not to file neglect charges against the local day-care owner who had an 8-month-old infant die while in her care, Clark County District Attorney David Roger announced this morning.

Metro Police had submitted the case to prosecutors two weeks ago, recommending that Gloria Austin face a neglect charge in the death of Aidan Baldwin.

Police said Aidan was alone when he apparently became entangled in a cord from a nearby lamp. The cord became wrapped around his neck.

Roger said prosecutors decided not to press criminal charges against Austin because Austin did not intentionally neglect the child.

"It's a tragic accident," Roger said. "There was no evidence that she willfully placed the child in harm's way."

Roger added that Aidan's father had called him and told him that the day-care worker loved his child. The father said he didn't want to see anything bad happen to Austin as a result of his son's death.

Roger noted that the father's phone call did not weigh into prosecutors' decision not to charge Austin.

Austin, reached at her home this morning, declined to comment. She said she wanted to speak to her attorney before making a statement.

Clark County officials had temporarily suspended Austin's license following the incident. However, Clark County spokeswoman Stacey Welling said Austin gave up her license a short time later.

"Gloria voluntarily surrendered her license on Sept. 19, so she's no longer a licensed child-care provider," Welling said.

Authorities said Aidan was sleeping in a crib in a bedroom out of the sight of the day-care operator when he became wrapped in the cord.

The cord was still plugged in. An autopsy determined that the infant died from "accidental hanging," according to the coroner's office.

Police determined Austin was not negligent with the other eight children she cared for in her home along with Aidan.

Roger said the cord Aidan became tangled in had been taped to the wall. When the infant reached for the cord, he ripped the cord away from the wall and apparently became tangled in it, Roger said.

In determining whether to charge the day-care worker, Roger said, prosecutors used the same legal theory they used in determining whether to charge a handful of parents who left their children in cars during the summer months.

Prosecutors charged about a half-dozen Las Vegas parents who left their children alone in cars with child abuse and neglect. Those parents still face charges.

Two parents whose children died after they were left alone in cars were not charged because prosecutors said they did not intentionally leave their children.

"It goes back to the same analysis," Roger said. "We have to be able to prove these people willfully placed the child in harm's way."

Austin ran the day care in her home in the 4400 block of Casa Blanca Street, near Boulder Highway and Flamingo Road.

Welling said Austin did not need a separate license to have a crib because during the last investigation by county officials she had playpens, which fall under the same licensing code.

Authorities said Austin has never had any other incidents in her home other than the accident involving Aidan.