by Renee (Pres of Baby James Foundation) ~.
Member since:
November 12, 2007

Babysitter playing?

January 18, 2008 09:14 PM EST
views: 252 | comments: 92

Yalines Torres, 25, was charged for risk of injury to a minor and reckless endangerment on a 19 month old.  Seems she was babysitting Elijah Gasque and he was fatally injured when she swung him around in a sleeping bag for fun and his head smacked a door frame.  Her story seemed to change several times.  For more information on this story please read it at the link below.  Let me know what you think of all of this.  Do you think she should be charged for more then just reckless endangerment and risk of injury to a minor?  I feel at 25 years old she should of known what this could do, as well as I personally think she knew what she was doing anyways.  Why else would she keep changing her story.  I say lock her up and throw away the key!

 News Story Here

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Comments: 92

Kimber L. Jan 18, 2008, 9:17pm EST
I believe anyone who harms a child should be punished harshly and to the fulllest extent of the law. She should be charged with more!
shannon k. Jan 18, 2008, 9:18pm EST
yeah 25 is old enough to know better
Bridget ♥ Jan 18, 2008, 9:18pm EST
If her story keeps changing, that means she's hiding something. And that "something" is probably the TRUTH!

That poor little baby, things like this make me so sad.
Birdee F. Jan 18, 2008, 9:18pm EST
Ugh I hate stories like this, but here is a comment for you ;o)
Jan S. Jan 18, 2008, 9:23pm EST
She is either abusive or an idiot. Either way, she needs supervision and to stay away from kids. Why not swing stuffed animals around? Not children!
Jeanie C. Jan 18, 2008, 9:24pm EST
I say fix her so she can never have her own and keep her away from the rest of the babies

Thanks Renee
Missy Cline Jun 1, 2009, 10:29pm EDT

I agree! Fix it so she cant have ant of her own to abuse!!!!
becky soccer mom x1 p. Jan 18, 2008, 9:24pm EST
this is a horrible
she is old enough to know better
and should be held responsible for her actions
Janet "Jax" B. Jan 18, 2008, 9:26pm EST
It sounds fishy to me...
Georgiana S. Jan 18, 2008, 9:27pm EST
There is too much of this going on. Whatever happened to the little girls in th neighbourhood who would babysit, like I did, for 50 cents an hour?
Professional babysitters, to me, I have no kids, is highly suspect. I don't trust the common sense in most of them to know what to do with children. It is a pity that once you have a child, todays economic problems don't allow for everyone to be stay-at-home mums.
Jade S. Jan 18, 2008, 9:35pm EST
Poor baby....I have a solution shoot the B****!
Beth - Doing God's work Daily J. Jan 18, 2008, 9:35pm EST
That's terrible... I wouldn't trust my nephew with someone like her.
I think that's its mean for everyone to judge right away, I am sure she changed her story because she was scared. She didn't mean to hurt the child, we've all done things that could hurt our kids. Tossing them in the air, spinning them by their arms, giving them slip n slides, letting them ride their bikes/skates without helment and so on. Does this mean the parent should go to jail for these?
Nancy S. Jan 18, 2008, 9:39pm EST
No 25 year old woman would put a toddler in a zipped up sleeping bag in the first place. Even my preteen kids know better than that. I don't understand why she is even out on bond.
Lisa (I love loons) C. Jan 18, 2008, 9:40pm EST
This is so sad... she certainly should have known that her actions would or could have resulted in this type of result. She should be punished to the fullest extent of the law. This poor child died as a result of her ignorance and she must be punished. I realize she's only 25, but somewhere she must have learned along the way that you don't do that to a child. Unreal!!!! Poor baby!
"she swung him around in a sleeping bag for fun and his head smacked a door frame. "....I have three kids,...I have swung them around in sleeping bags,..and pulled them on sleeping bags,....when we camped out in the back yard and nothing was around to hurt them,..seems she has some issue going on if she keeps changing her story,..maybe she's just scared, or maybe just not thinking,..none the less she is responsible for the death of a child,..she needs to be held accountable.
JoAnne D. Jan 18, 2008, 9:45pm EST
I think at 25 she should know better too, Accidents do happen but that does seem reckless.
I suspect there is more to this story. It sounds terrible but I doubt the woman had ill intentions and she is probably going to live with the guilt for the rest of her life. No criminal punishment could top that. Not to say she should not be held accountable, but I don't really think it was "murder." More like negligent homicide or something along those lines.
Renee (Pres of Baby James Foundation) ~. Jan 18, 2008, 9:48pm EST
I had my first son at 18 and I know I wouldn't of put him in a sleeping bag and swung him around in the air. I babysat at 13 and I wouldn't of done it to them either.
Karyn K. Jan 18, 2008, 9:49pm EST
She should recieve a rather harsh punishment by the law.
Lydia (part of the solution) Shelley Jan 18, 2008, 9:53pm EST
I'll reserve judgment... all I will say is: so sad.
Moh H. Jan 18, 2008, 9:55pm EST
I agree it was probably not murder (at least 1st degree), but it still needs the absolute maximum sentence allowable for the crime. This is just too sad.
Charli Mills Jan 18, 2008, 9:57pm EST
If a child is harmed--or worse--there needs to be an investigation. The court of public opinion is not a just court. Yes, child abusers should be held accountable 100% and face the result of their crime. But circumstances aren't always proof. We have forensic technologies and trained detectives. Use them on every case to ultimately prove, the crime. Very sad story, though.
Beverly T. Jan 18, 2008, 9:59pm EST
What a truly sad story!

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Aesop for Friday, January 18
karen p. Jan 18, 2008, 10:02pm EST
kids bump their heads alot and pretty hard sometimes. i think its weird for any of those things she said to be hard enough to fracture his skull. it's hard to say, i don't want to accuse anyone of lying but maybe the CSI people will test it out. i am so sorry for the mother.
Patty Mayonaise Jan 18, 2008, 10:05pm EST
Punnish her hard! if it were a 13 or 14 year old, they don';t use their best perception, but 25???? thats ridiculous
Sophiya S. Jan 18, 2008, 10:08pm EST
i agree
Janet H. Jan 18, 2008, 10:11pm EST
She deserves harsh punishment for doing something that resulted in a child's death. She was old enough to know better.
Mary M. Jan 18, 2008, 10:13pm EST
At 25 she should have known better - even if that's what really happened! I'm suspicious since she changed her story more than once. Truth is some people at any age have no common sense at all.

Regardless of what happens to her that poor baby is dead. Very sad.
William M. Jan 18, 2008, 10:13pm EST
Her changing the story makes you wonder.
Lyn Owen Jan 18, 2008, 10:14pm EST
The poor little tike. People do some strange stuff. I would like to believe she was scared and made up stuff to get herself out of a jam. She could have been playing. I know that I would have thought it was fun to be carried around in a bag when I was little. I am too much of a worry wart myself and kinda freak out when I see kids doing dangerous things. It does seem fishy that she kept changing her story though. We will have to wait and see what happens in the court system. We are actually supposed to be innocent before being proven guilty in this country. If she is convicted I say lock her up and throw away the key.
You don't think knowing that you've taken a child's life is punishment enough on it's own?
I am not defending her but I am upset by everyone judging and saying throw away the key, what happen to justice? Innocent until proven guitly?
I think it's awful. I don't understand why anyone would "swing a baby around in a sleeping bag for fun" in the first place. Doesn't make sense to me, and at 25 years old, it makes even less sense. I think she ought to be punished much more severly - that child will never grow up, as she took away his future. ~ Marilyn
Suze P. Jan 18, 2008, 11:00pm EST
OMG..thats so sad.. it breaks my heart. Can't imagine how the parents must feel that they left their child with someone who ended up accidentally killing him. I do understand how it could happen.. if someone is horsing around with a child and not thinking.. accidents do happen, and sometimes people just don't think..Though she really should have known better...A child is dead, and it was because of her profound stupidity to be swinging a child like that inside a house where it could hit something. We used to swing kids, my nieces and nephew, by the arms playing "helicoptor" when they were kids, but always outside and in the grass, and I'd never put them in a sleeping bag to swing them, that's just scary. I was a teenager doing that too, not a 25 y/o woman. Regardless of how it happened, she should have known better and she did kill a child so I think she should get something more than reckless endangerment.
Alta B. Jan 18, 2008, 11:15pm EST
I had to laugh at some of the answers. I agree with Jade S.

Now on to more seriousness...

At 25 most people know the difference between right and wrong. At 12 I was more responsible than most that are 30 these days.
Child abuse has become way to common. Insanity is nothing but an excuse!
If she wasn't quilty - she wouldn't have changed her story.
Felicia R. Jan 18, 2008, 11:19pm EST
Just in general this seems very odd and messed up like she had some major brain damage to do something like this...
Tiffany G. Jan 18, 2008, 11:24pm EST
How sad!! Her sotry keeps changing she seems to by lying about something! One thing people should know is to not lye! once you tell a lie its not over until many lies later and then your in major trouble!
Ellie !. Jan 18, 2008, 11:26pm EST
It sounds horrible...but I don't know everything...not that anyone ever will. Tragic.
Steph-in-NE ..... Jan 18, 2008, 11:31pm EST
we had a similer case here in Omaha Nebraska,,, she said he fell, then the kids pushed him and so on.
Amy P. Jan 18, 2008, 11:45pm EST
She must have known that swinging a 19 month old baby around in a sleeping bag is not safe. I don't think she meant to kill him, but she sure is stupid.
Renee (Pres of Baby James Foundation) ~. Jan 19, 2008, 12:47am EST
The more and more I think about it is how people need educated on SBS
That was such a horrible thing. she shouldn't have been doing what she was doing even if she was trying to play, but to me that doesn't sound like much fun.
Bob B. Jan 19, 2008, 1:11am EST
She was awfully careless for a 25 year old. It's strange hoe she kept changing her story.
Holly G. Jan 19, 2008, 1:27am EST
How horrible! I have to say at twenty five years ld, you'd have to be a real freakin moron to do something like that in the first plce. Good Lord, I cn't understand why these people hurt these babies...it's so horrible...I think they should all be locked up and they should throw away the key! Babies/kids, and animals shouldn't ever be touched and abused, they are helpless, and the people that do such horrible things should just be shot!!!
KC Klein Jan 19, 2008, 2:01am EST
Having not been there -- not knowing the whole story, I cannot judge. If, as many people wish to suggest here, the babysitter was somehow inept, or lacking the skills to make proper decisions, I would think the person hiring the babysitter would share in the responsibility, too.
Angie W. Jan 19, 2008, 3:16am EST
It is idiotic to play rough with a nineteen month-old child. They are fragile - what kind of moron doesn't know that?

I agree with you - and I judged her right away, and I don't care what others have said... you're big, they're small - what part of that is incomprehensible?

I hate people who hurt kids - I hate them more than just about anything.
Sophie S. Jan 19, 2008, 4:23am EST
I agree what she did was stupid. My brothers and I used to do things like that with each other when we were growing up, but as soon as a family member or another adult came along and saw us we were stopped.

I think this woman gets what happened. Its not as if she went about the play with malice in mind. She was dumb and made a mistake. On the news last night they mentioned that she had been placed on suicide watch while she was in custody. This woman was clearly upset and distraught over the results her action had and no doubt will be her entire life.
ness m. Jan 19, 2008, 5:32am EST
horrendous
Sherrie H. Jan 19, 2008, 7:33am EST
So sad a child had to die because of someone's poor (idiotic) judgment.
Vera B. Jan 19, 2008, 8:20am EST
I read all your comments but didn't read the news story its self. I just can't read another horrible story, sorry
I agree that child abusers should be punished to the full extent of the law. That said though, I also believe freak accidents happen and they aren't always the result of abuse. I've swung my kids around playing airplane and things just as that. I don't believe you have to necessarily treat a child as you would a China Doll. As a general rule they aren't that fragile. I don't know what happened in this case. I'm sure it will come out further as the investigation progresses. I do believe though that this could most definately have been an accident and I'm praying, for the sake of this child's family, that it was.
A. Foster T. Jan 19, 2008, 8:53am EST
Oh God! She was mad at the baby, maybe he wouldn't stop crying. Perhaps the hitting the door frame was an accident, but damn how fast was he going to kill him? I've played "airplane" with all my kids (outside), but if we had ever accidentally struck something I trust it wouldn't have been fatal.
Fry her!
A. Foster T. Jan 19, 2008, 8:54am EST
These are hard to read as a teacher and a parent I have a real soft spot for kids, but thanks for being strong and bringing these matters to peoples attention.
Sarah-jane C. Jan 19, 2008, 9:15am EST
I feel so sorry for the parents of that sweet little child!
Ang, wandering aimlessly, G. Jan 19, 2008, 11:06am EST
At the age of 25 your definitely old enough to know better than to do something stupid like that. Most people have kids that age if not older by the time they are 25 and would never think about something like that especially close to a door. What an idiot.
Kelly T. Jan 19, 2008, 11:19am EST
At 25 she should know better. Not only that but a 18 month old in a sleeping bag? Hello! Suffocation! Then actually hits the child against the door frame? LOCK HER UP!!
Jennifer W. Jan 19, 2008, 11:25am EST
She told 3 different stories, one to the mother and two different ones to the police. I think she should get some mental help, and I don't know if jail will help her. This is a really sad story of someone who is clinically depressed, and cannot afford help. Such a shame!
Sherine W. Jan 19, 2008, 11:25am EST
How very sad. It does cause suspicion when she has changed her story.
Angella *ThePilatesLounge.com* H. Jan 19, 2008, 11:56am EST
Well - none of us really know what happened because we weren't there- What myself or anyone else might or might not have done doesn't matter - because we aren't the person in question. Obviously- she needs some parenting skills and some brains-
Erin P. Jan 19, 2008, 12:18pm EST
I have to agree with Holly G. Complete freakin' moron. So sad. Should we all be turning to IQ tests or WOnderlich tests before allowing someone to care for our children? Perhaps it would be a good start anymore.
Susan *. Jan 19, 2008, 12:46pm EST
it sounds more like irresponsible and reckless behaviour to me....the fact is, the child is dead through these actions. truth needs to be found and justice served
carmel m. Jan 19, 2008, 3:56pm EST
Accidents do happen. I just don't think this was an accident.
Susan Roberts Jan 19, 2008, 5:05pm EST
How sad!
blaine d. Jan 19, 2008, 5:48pm EST
give her life!!
Chick J. Jan 19, 2008, 6:10pm EST
No, swinging a baby in a sleeping baby isn't playing.
Sharon M. Jan 19, 2008, 8:21pm EST
If the child died because of injuries that she is responsible for, she should be charged for manslaughter. What a sad thing to happen.
marissa c. Jan 19, 2008, 10:25pm EST
I think that this fat girl should be punished i mean who throws a baby in the air and says "We were just having fun!!" she should accept the same punishment . This baby abusing needs to stop everywhere i mean grow up . wEll anyways i hate u! u should go 2 prison ! FATTY GO CHOKE ON A HAMBURGER !!! I love u baby that died ! to u baby ! XOXO!!!
Shirl T. Jan 19, 2008, 10:36pm EST
WE HAVE SWUNG OUR CHILDREN AND TOSSED THEM IN THE AIR A LITTLE BUT NEVER PUT THEM IN A SLEEPING BAG AND SWUBG THEM AROUND I HAVE NEVER HEARD OF ANYONE DOING THIS HOW AWFUL AND SCARRY THAT SOMEONE WOULD DO THIS THIS IS SO VERY SAD
Joanne P. Jan 20, 2008, 8:27am EST
As the babysitter commited the accident and now she has to pay for the full responsibility of her acts. Swinging a baby in this case is not a resposible act and certainly not playing. The fact that she was the babysitter (and not the parent, for example), makes the act all the more irresponsible.
Sharon B. Jan 20, 2008, 12:55pm EST
changing stories usually spell guilt of some sort
Curt L. Jan 20, 2008, 1:56pm EST
Awful!
Heather W. Jan 20, 2008, 3:04pm EST
If her story is true, she's an idiot. If she's lying she needs to be put in prison for the rest of her life.
Heather and Krissy have cool heads about this thing. Allow the investigation to proceed before forming an opinion.
Karolyn Q. Jan 20, 2008, 4:47pm EST
25 is definitely old enough to be held accountable. If she is changing her story it sounds like she is lying and needs pay for her actions.
Shaunee C. Jan 20, 2008, 6:37pm EST
What was she thinking I mean that is just crazy.
Kimi L. Jan 20, 2008, 8:25pm EST
At 25 years of age, she should have known what she was doing. Thats just not right! She should be sent to prison.
Sandy (back in Ohio...blah!) Jan 21, 2008, 12:26pm EST
You know I don't think she meant to harm the child. She even said she had done the same thing iwth her child. So what she did was stupid ...yes. But from reading the article. I do think it was an accident. I think the babysitter was scared out of her mind. She does deserved to be punished. I feel sorry for the mom. But I don't think she should be severly punished like most people answered in this thread.
Tricia C. Jan 21, 2008, 1:39pm EST
What a truly sad story and hope that it never happens to another child, but that is inevitable... we are living in a world today that does not allow parents to instill a bit of fear into their kids .. even with a spanking now and then.. im not talking about being abusive to kids.. but enough to make them think before they act... A lot of kids today are not being brought up to think before they act...

If this girl does not have younger children she may not think of actions before doing something and truly was only having fun.. but fun does not always end up with a happen ending...

Her story after reading it does not sound like she is still telling the truth.. she is old enough to know better and should face charges for killing the boy...

what a sad sad story...
Chelsea R. Jan 21, 2008, 11:16pm EST
sad sorry, and certainly an odd situation
Chelsea R. Jan 21, 2008, 11:17pm EST
sad story i meant!! :D
Kitty Lone Hawk Jan 22, 2008, 11:14am EST
I read this when it first appeared in the news and was shocked that she called it playing. Yet again I can remember times when my father or mother would swing me by my hands and or feet around and around like a helicopter---playing. Thank God I never hit my head or broke a foot on anything....then again my parents always did it outside and away from objects.....of course that still wouldn't have preve3nted my head from crashing into the hard ground either but it never did and thus no harm no foul.......

In this case however she should have known better at 25, yet I have seen 25 year olds that still act like 15 year olds too....and she should have known better then to do it inside........which was ignorant but then again I know many 25 year olds who are dumber then 5 year olds.......so all in all I do think it was an accident and that in her ignorance she was playing........tragic just the same.
Kylee S. Jan 22, 2008, 11:26am EST
The baby died, so I believe that she should be charged with murder.
Carol P. Jan 22, 2008, 11:56am EST
So very sad when a child dies..no matter what the circumstances. She will pay for this the rest of her life, whether she goes to prison or not. This story is horrible. Irresponsible is no excuse, accident or not..the child died.
Carolyn K. Jan 22, 2008, 8:38pm EST
What a sad story - at 25 she should definitely be held accountable.
Amanda S. Jan 23, 2008, 1:15pm EST
I only read the first few sentences and she was so wrong. Why would a babysitter swing a baby around in a sleeping bag?! That is not a way to play with anyone.
Phyllis R. Jan 23, 2008, 9:18pm EST
A sad terrible story,-----I too have a problem with her changing her story. Accidents do happen, -- why not tell the truth...........the truth will prevail!
Billie H. Jan 29, 2008, 10:28am EST
Man such a story.
Deeanna M. Jan 30, 2008, 12:50pm EST
i was babysitting a little boy (about that age) when i was like 14, and i would NEVER have done something like that! however, i grew up being the oldest of eight children, and i knew how to care for babies and kids. now, i'm 19 and i have an 11 mos old daughter. i have some friends (mostly younger than me) who didn't grow up with kids, but they still use common sense with her! because of things like this, we never leave our daughter with anyone but our own parents/grandparents or an occasional friend whom we have seen interacting responsibly with our daughter.

this woman should not have lied about what happened, even if it was an accident and she was scared. i'm not going to say whether she should be in jail for life or not, but i do think she needs to undergo a mental evaluation as well as counseling and training if she ever wants to be around children again.
Sharon A. Apr 26, 2008, 2:55pm EDT
Well, I agree with most everyone up there! Heather summed it up for me! I would baby-sit at age 13. I never dreamed of doing anything like that! Good God! Kids today don't baby-sit-you can trust them. Hell, you can't trust adults!
Nick Howes Feb 1, 2009, 10:37am EST
Here's a 10 and a click towards your next cash-out.
Melissa R May 10, 2009, 1:08am EDT
i don't know the whole story, but sometimes accidents do happen. But if her story changed... it may not have been an accident.

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