The Law Blog of Oklahoma

Noble Day Care Owner Says She "Dropped" Fatally Injured Infant; Blames Stress

Friday, July 29, 2016

The owner of a Noble home day care where a 5-month-old infant suffered fatal injuries says she "dropped" the baby multiple times throughout the day andadmits to being "stressed" while caring for the child.

The case began on July 19, when emergency personnel were summoned to help an unresponsive infant at the home day care owned and operated by Melissa Clark.The baby was transported to Norman Regional Hospital, where she was found to have injuries consistent with child abuse. She was placed on life support,but died of her injuries a few days later.

Police initially arrested Clark on a complaint of child abuse or enabling child abuse, but when the baby died, prosecutors filed a first degree murdercharge against the woman.

According to reports, the day care owner has offered several stories about what happened and how the baby sustained her injuries. The state medical examinersays none of the stories is consistent with the injuries the baby sustained, which are consistent with being shaken.

Initially, reports say, Clark told police that she had put the infant down for a nap before going to check on another child. When she heard the baby makinggurgling noises, returned to check on her, only to find the baby unresponsive.

Later, Clark told police that she fell while holding the baby, but says the baby was uninjured in the fall. She also reported that she had been holdingthe infant in one arm while making a cup of coffee and she accidentally dropped the infant on her head on a tile kitchen floor. She told police thatthe child seemed to be fineafter the incident.

However, roughly an hour and a half later, Clark allegedly said, the children in the day care began arguing with each other, and the infant began crying,and she couldn't seem to put a stop to either the fighting or the crying. Clark allegedly said she was under a lot of stress due to financial problemsand marital problems, and she "lost it." She says she threw the baby into a bouncy seat from about three feet away, causing the infant to strike herhead on a metal bar.

According to the medical examiner, the infant did sustain a forehead bruise consistent with impact, but she also suffered subdural hematoma and severeretinal hemorrhaging in both eyes, which is considered to be a telltale indicator of shaken baby syndrome.

Child abuse is seldom intended to result in death, but even with absence of intent to kill, a death resulting from child abuse is charged as first degreemurder. First degree murder is punishable by life in prison or life without parole.

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