Chapter 12 - The criminal case
The prosecutor filed charges six weeks after the incident.
Against Amanda:
One felony-level child endangerment count related to creating/abandoning the pool hazard with children accessible.
One misdemeanor unlawful-confinement count involving Claire.
One misdemeanor child-endangerment count related to leaving both children unsupervised.
No attempted murder.
No assault with intent to kill.
No kidnapping enhancement.
Then the defense.
Amanda argued:
She believed children were inside.
Tyler’s entry into pool was unforeseeable because he had been instructed never to approach it.
Prosecutor:
Six-year-olds are exactly why pool safeguards exist.
Then confinement.
Amanda admitted locking Claire.
Defense tried to frame:
Brief disciplinary restraint without injury.
Prosecution:
Dog cage.
Padlock.
Adult left property.
Then bail/release.
Amanda surrendered through counsel.
No dramatic raid.
Conditions:
No unsupervised contact with children.
Comply family court.
No altering/deleting relevant electronic evidence.
Travel for work only with notice? Maybe she had job. Kessler job offer still pending.
Then employer.
Kessler did not automatically rescind offer after charges.
They placed relocation decision on hold.
Amanda remained with current employer.
No instant career death.
Then our current marital finances.
We filed divorce.
House.
Retirement.
Savings.
No secret money.
Amanda’s salary.
Mine:
$137,000.
Amanda:
$151,000.
She earned more.
No spousal support likely.
Children’s expenses.
Then house.
Could I keep?
Maybe.
But the pool had become trauma.
Claire refused to go into backyard.
Tyler would not look through patio doors.
I asked myself:
Why keep it?
Because selling felt like Amanda driving us out.
Sarah said:
“Property decisions should not become moral contests.”
Again with lawyers.
We postponed.
Then hospital bills.
Insurance covered most.
Deductible/out-of-pocket costs:
About $7,800.
Tyler’s care.
Therapy.
Our marital policy.
How allocate?
Temporary order split proportionally to incomes after insurance.
Amanda 52%.
Me 48%.
Could Amanda be civilly liable for all?
Potentially.
But family expense and tort questions separate.
No need sue immediately.
Then Tyler’s medical follow-up.
Lungs clear.
No oxygen.
No neurologic deficit.
Pediatrician said:
“No evidence of lasting hypoxic injury at this time.”
Not:
He’s guaranteed perfect forever.
But reassuring.
May you like
He developed nightmares.
That was the lasting injury we could see.
