James Farriorjames farrior

James was only 11 months old when he was at the babysitter’s house. The house was also set up as a day care center. Though there was no license to have a daycare. While James played, along with other young children in the house, the baby sitter took some Nyquil, knowing the side effects, and decided to go to sleep. She slept until her own 4 year old daughter had to wake her up. When her daughter woke her saying that James was in the water, the babysitter went into the kitchen to find James was upside down in a bucket of water she had left on the floor from the night before.

 

Times Newweekly.com
Babysitter Napped While Boy Was Drowning In Her Kitchen
Rich. Hill Woman Guilty Of Assault
by Robert Pozarycki
Krystal Khan Jurors convicted a Richmond Hill nanny last Tuesday, Feb. 8, on charges in connection with the death of an 11-monthold boy who drowned in a bucket of water at her home in June 2009 while she slept on the job, it was announced.

Law enforcement sources said 30- year-old Krystal Khan of 108th Street in Richmond Hill was found guilty following a six-day trial on counts of reckless assault of a child and endangering the welfare of a child. Sentencing was scheduled by Queens Supreme Court Justice Richard L. Buchter to take place on Mar. 28; Khan faces a maximum term of four years in prison.

Reportedly, 11-month old James Farrior of 109th Street in Richmond Hill took the fatal plunge into a bucket of water left in the kitchen of Khan’s home—which doubled as a day-care center—sometime on the morning of June 15, 2009. According to Queens District Attorney Richard A. Brown, Khan had taken Nyquil and had fallen asleep in another room while allowing Farrior to move around the residence unattended.

“As a caregiver with sole responsibility for the life and safety of a young child, the defendant had an obligation to provide a safe environment, to be vigilant and to stay with that child at all times,” Brown said in a statement. “The defendant must now live the rest of her life knowing that failing to act responsibly for her actions resulted in the death of a child and robbed that child’s parents of seeing their baby grow up.”

Law enforcement sources said Khan took a dose of Nyquil at around 6 a.m. on the morning of June 25, 2009 in spite of suffering drowsiness after taking the over-the-counter medication previously.

While watching Farrior that morning, it was reported, Khan dozed off on a couch in her living room; the youngster was unrestrained and able to move around her home freely.

As his babysitter slept, police stated, Farrior wandered into the kitchen and fell head-first into a bucket filled with six inches of water. An investigation determined that Khan had put the water in the pail and left it there the night before.

Upon being awakened by her four-year-old child, law enforcement sources said, Khan went into the kitchen and discovered Farrior unconscious in the bucket.

Members of the 102nd Precinct and EMS units responded to the scene after receiving a 911 call regarding the incident. Farrior was rushed to Jamaica Hospital Medical Center, where he was pronounced dead shortly after arriving.

The case was prosecuted by Assistant District Attorney Leigh Bishop of the D.A.’s Special Victims Bureau, which is supervised by Mar- jory D. Fisher, bureau chief, and Kenneth M. Appelbaum and Lucinda C. Suarez, deputy bureau chiefs.

 

'Mommy, James is in the water': Baby boy drowns after falling into bucket as his baby-sitter slept after she had taken NyQuil | Mail Online

'Mommy, James is in the water': Baby boy drowns after falling in a bucket... as his baby-sitter slept after taking NyQuil

 

By David Gardner
Last updated at 6:40 AM on 5th February 2011

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Kristal Kahn is charged with reckless assault
She took NyQuil after running out of non-drowsy DayQuil
Police claim she showed little emotion as rescuers tried to save baby
But her lawyer claims it was a 'tragic accident'
A baby-sitter told a court how she awoke from a deep sleep to discover an 11-month-old boy she was supposed to be watching had fallen into a bucket of water and drowned.

Little James Farrior died in just six inches of water after toppling head-first into the three-foot-tall blue plastic bucket.

Kristal Khan, 29, admitted dropping off to sleep after chugging NyQuil because she had run out of non-drowsy DayQuil to help soothe her cold.

 Tragedy: Little James Farrior, in a family photo from June 16, 2009. He drowned aged 11 months after falling into a bucket inside a day care centre

 Reckless? Kristal Khan, the baby-sitter who allegedly left Jame alone to drown upside down in the bucket

But she was woken by her four-year-old son, who said: 'Mommy, James is in the water.'

Khan ran into the kitchen of her Queens, New York, home that doubled as a daycare centre and found the baby upside down.
'Tragic accident': Kahn said she had fallen asleep after taking NyQuil because she had run out of non-drowsy DayQuil medication

‘I saw James half in and half out of the bucket,’ she said in a videotaped statement given to investigators in the hours after the tragedy in June, 2009.

‘I picked him up and tried to rub his back,’ she added.
In the same tape, the baby-sitter used a plastic doll to show how the child was bent at the waist leaning into the bucket.

She said she had put water in it the night before to mop up food colouring her daughter had spilled onto the floor.

The Trinidad-born baby-sitter faces four years in prison if she is convicted of a charge of reckless assault.

Assistant District Attorney Leigh Bishop said prosecutors believe the baby drowned after trying to chase a yellow plastic duck that was found at the bottom of the pail.

He said Khan was in too deep a sleep to know what was happening.
‘She ran out of DayQuil and used NyQuil knowing from previously using it that she would get drowsy,’ added Bishop.

Khan's lawyer Eugene Guarino, told jurors his client did not commit a crime and shouldn't be punished for an accident.
NYQUIL, THE SO-YOU-CAN-SLEEP MEDICINE

It's marketed on its power to put you to sleep.

So what is in NyQuil that makes it so different to its non-drowsy counterpart, DayQuil?

The compound doxylamine succinate is on the label as an antihistamine - but when you're wide awake with a cold, this is the powerful ingredient that can provide you with much-needed rest.

Other ingredients in Nyquil include acetaminophen, a painkiller that breaks down in the body in the same way that marijuana does, and dextromethorphan HBr, a cough suppressant, according to Wired.com.

‘This was a tragic, tragic accident which never should have occurred but it has,’ he said.

But Bishop said the baby was left alone for one hour while Khan slept – and she showed little emotion when police officers arrived to find the child lying unresponsive by the bucket.

‘She was calmly and without emotion telling police what had happened,’ added Bishop.

‘She was very calm. She didn’t seem to be upset,’ said Detective Brian Simonsen, one of the officers who rushed to the scene.

Khan charged parents $25 a day to care for their children and got most of her clients from a Craigslist advert, the court heard.

‘I charge so little because the competition is so high,’ she told police in a statement.

Jurors were told that Khan did not have a licence for the daycare.

Her ice-cold demeanor didn’t crack even when she called the boy’s parents to tell them what had happened, the court heard.

‘James is going to the hospital. I don’t know if it is serious,’ Khan allegedly said to the mother, who was in court to hear the testimony.
The case is continuing

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