Kailee Rhianne
Marie Hundley
February 12, 2007
- March 25, 2008
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A Grave Memorial
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Kailee
Rhianne Marie Hundley had recently celebrated her very first birthday.
Pictures were taken of her as she ate birthday cake and opened presents.
One month later,
the family who loved her so much, would have to prepare themselves to say
goodbye to her.
"We had
big plans for her. We knew what we wanted for her.
And we can't
believe this"
Tressa Hays
- Kailee's Aunt
In spite of an open
investigation against her by the Kansas Department Of Health And Environment,
Jessica Cummings ran a home daycare and was licensed in the state of Kansas,
BY the state of Kansas to take care of children in her home. On March 25,
2008, Kailee was dropped off at this home daycare. That would be the last
time her family would see her alive.
Tiffanie Williams
was bothered by the crying and noises that Kailee was |
making while drinking
a bottle while she was trying to sleep after working late and then going
to visit her boyfriend. Jessica Cummings decided to take care of the problem.
Jessica Cummings
strapped Kailee into her car seat, which was too small for her, tightly
strapping her in she the put her in a laundry room bathroom for a nap.
Two hours went by before she would check on Kailee and by then, she would
already be dead. It would later be revealed that Kailee strangled on the
car seat strap. Kailee's family said that if they had known naps were taken
in car seats, she never would have been going to that daycare and they
wouldn't have to attend a funeral for her:
"We can't undo
it now and that's just really sucks."
Tressa Hays
Tressa Hays said
that Kailee was big enough to use a toddler car seat which was in the car
at all times. Comments by Tressa Hays confirm that Hailee enjoyed going
to this daycare and that it was thought that
Jessica did a good
job. Tressa says she believes that the death of her niece was an accident,
though she still said Jessica is to blame:
"I do
believe Jessica loved her. That's why I'm trying to find in my heart to
not hate her
but right
now I do"
A neighbor and friend
of Jessica's said that she had spent time in her daycare when she brought
her daughter over for play dates. The friend said that Jessica loved children
and was good at her job. The friend also said that she would trust Jessica
with her daughter and that even though she was hurting for both families,
she would support Jessica through this case.
The Kansas Department
Of Health And Environment was investigating Jessica and said they couldn't
speak about the case since it was still an open case. Jessica had been
licensed since August, though that license had been suspended since the
death of Kailee.
Witchita Police turned
over the case to the district attorney which is procedure in cases of the
death of a child. The police also wouldn't comment on the Kansas Department
Of Health And Environments on going investigation and didn't immediately
release the cause of Kailee's death.
Mike Hundley had
sole custody of Kailee since her mother had recently been jailed on suspicion
in the first degree murder of a stepdaughter, Daytona Robertson who was
the daughter of her then husband, Tommy Robertson.
On Saturday, March
29, 2008, family and friends gathered at the Westlink Christian Church
to pay their respects and say their goodbyes to Kailee at her funeral.
On April 16, 2008,
Jessica Cummings was in court facing the charge of involuntary manslaughter.
It was revealed around that same time that the investigation against her
was due to not reporting suspected child abuse and instead just taking
pictures of the abuse that took place towards a two year old girl that
she took care of. The complaint was filed the day after Daytona Robertson
died of child abuse. Hailee and Daytona were stepsisters who both attended
Jessica's daycare. A preliminary hearing was scheduled for April 30th and
Jessica was let
out of jail on a
$10,000. bond.
Kailee's family was
upset about the charge saying it was not severe enough for what she had
done to Kailee:
"This is as
bad as it gets. Losing your child, your baby. It doesn't get any worse
than that.
It's just
another slap in the face. Another punch in the gut"
Prosecutors said
the even though they hold Jessica Cummings accountable for the death of
Kailee, they feel that her death was not done intentionally. Tressa Hays
disagreed with them:
"Everything
about that day was preventable"
Kailee's family was
going to meet with the Safe Kids Coalition to help in finding ways to improve
regulations for daycare providers.
In December of 2008,
Jessica Cummings was back in court where she would say that she didn't
mean any harm to Kailee Jessica also stated that she knew the procedure
when putting children down for naps and that it included that children
under the age of 18 months MUST sleep in a crib or a play pen:
"Not a car
seat, not an infant carrier, not a stroller attachment"
Shannon Wilson's
closing argument
Defense attorney
John Stang said that Jessica could not have known that Kailee was in any
danger by being put down for a nap in the car seat since this is something
parents have done often when taking their children on long car trips. John
Stang had a diagram showing how close Jessica was to the area where Kailee
was sleeping:
"She was, what,
8 feet away?"
John Stang again
said that Jessica could not have foreseen what would happen to Kailee adding
that Deborah Johnson, the coroner who did the autopsy on Kailee, said she
had never seen a case like this.
"But what did
Dr. Johnson also say? She said in no uncertain terms never leave a child
unattended
in a car seat."
Shannon Wilson
It was determined
that Kailee had been improperly strapped into the car seat and had slipped
down allowing the straps to strangle her.
A jury took about
five hours to find her guilty of the charge of involuntary manslaughter.
Jessica is facing more than 2 1/2 years in prison for her part in the death
of Kailee Robertson. In order to find Jessica guilty the jury had to come
to the conclusion that she had put Kailee in danger deliberately by strapping
her into the car seat and leaving her alone in the bathroom:
"In an extremely
difficult case, they followed the law"
Assistant
District Attorney Shannon Wilson
After hearing the
verdict, Jessica broke down into tears. Kailee's family was also crying.
"Hopefully,
if any good comes out of this, it will get people to realize the risks
to children by leaving
them unattended
in a car seat"
Assistant
District Attorney Shannon Wilson
Jessica was seven
months pregnant at the time of her hearing and would leave the court house
free on bond.
On October 9, 2008,
Kailee's great grandmother, Opal Marie Hundley died. Kailee is now safely
with a grandmother who loved her. A memorial fund has been set up for Kailee
at Intrust Bank.

Kailee,
I love you
so much. I miss your beautiful smile and your bright blue eyes. I miss
your big big wet kisses and your high fives. This world does not seem fair
but one day I will be in heaven with you.
Until then
have fun with your big sister "Day Day" and your little brother Daylee.
I miss you and love you, You are forever my baby.
Love Daddy
12/19/2008
Christopher
Keane
In
Kansas, Jessica Cummings was found guilty of involuntary manslaughter in
the strangulation death of a 13-month-old girl found dead partially strapped
in a car seat while unsupervised in a bathroom.
In Kansas, Jessica
Cummings was found guilty of involuntary manslaughter in the strangulation
death of a 13-month-old girl found dead partially strapped in a car seat
while at day care. On March 25, 2008, the child died and was found two
hours later in the bathroom partially strapped in her car seat. New stories
report she was placed in a bathroom partially strapped in her infant seat
to finish her bottle.
Studies show that
caregiver supervision and an effective strategy that keeps the child in
the caregiver’s view reduces the frequency of injury. It is also known
that a lapse in supervision where the child is not in view correlates with
a higher incidence of child injury. This may seem to be an obvious statement.
However, even if the caregiver is highly conscientious there remains an
increased risk for injury during intervals when the child is not in view.
So whether a child caregiver is regarded as highly conscientious or not-highly
conscientious, the risk for injury to a child is still higher when the
child is not in the view of the caregiver. Close supervision contributes
directly to reduced events of injury.
A child has died
tragically at a day care, from a day care provider's neglect. This is wrongful
death. The Keane Law Firm represents children that have been catastrophically
injured from neglect by day care providers. Please call us, the child injury
law firm for a timely case evaluation at 888-592-KIDS or 415-398-2777.
You may visit our website at www.keanelaw.com – we will determine the facts
of the case and file a claim to hold those responsible to pay for the damages.
In a child death lawsuit, we will recover for our clients.
Please visit the
pages of Kailee's sister and brother, on my site:
Daytona
Joe-Lei Robertson
Daylee
Joe Robertson

For information about preventing child abuse in the
state of Kansas, click the links below. If they can't help you, ask for
someone who can. NEVER give up looking for help for an abused child!
The
Kansas Children’s Cabinet and Trust Fund

Call this number
to report child abuse ANY WHERE in the United States!
1-800-4-A-Child
1-800-422-4453

  
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