A former babysitter has pleaded guilty to manslaughter 40 years after hitting a five-month-old baby numerous times in her care.
Benjamin Dowling died aged 35 in 2019, after a lifetime of severe disabilities caused by a brain haemorrhage he suffered in 1984 at Terry McKirchy’s home in Florida.
Investigators long believed she caused the injury by shaking him, but McKirchy, 62, denied hurting him – until a 2021 autopsy concluded he died from decades-old injuries.
She was accused of first-degree murder that same year, pleading guilty on Wednesday to the lesser charge of manslaughter in a deal struck with prosecutors.
“Benjamin’s presence was a constant source of inspiration,” his younger sister Melissa said.
“He never walked or talked or got the chance to say, ‘I love you’.”
Image: Benjamin Dowling was never able to walk, talk or feed himself after the assault Pic: Broward State Attorney’s Office
Parents Rae and Joe Dowling had been married for four years when Benjamin was born on 13 January 1984 and hired McKirchy, then 22, to babysit from her Fort Lauderdale home.
Mrs Dowling told investigators when she picked up Benjamin from McKirchy on 3 July his body was limp and his fists were clenched.
She rushed him to hospital, where doctors concluded he had suffered a brain haemorrhage from severe shaking.
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Image: Benjamin Dowling died 35 years after he was injured Pic: Dowling family
McKirchy was arrested within days and pleaded no contest to attempted murder in 1985 – which means she refused to admit guilt but accepted punishment.
That punishment stunned Benjamin’s parents, as McKirchy – who was six months’ pregnant and faced up to 17 years in prison – was sentenced to weekends in jail until giving birth.
She insisted she was innocent, telling reporters at the time her “conscience is clear” and she took the deal to put the case behind her and be with her two other children.
But a grand jury indicted McKirchy in 2021 and in a letter of apology she admitted she struck baby Benjamin after feeling overwhelmed by taking care of numerous children.
“It was in a state of impulse and anger that I struck Benjamin while he and other children were crying,” she wrote.
“Your life and Benjamin’s life were truly harmed by me and I am truly sorry.”
The New York Times reports she was sentenced to three years in prison on Wednesday, when Benjamin’s parents got to talk about his life in court with her present.
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“Benjamin taught us all many valuable lessons, and everyone who knew Benjamin was better because they did know him,” Mrs Dowling told Circuit Judge George Odom Jr.
A photo montage was also shown of Benjamin, who spent his life in a wheelchair, through the years with his family.
McKirchy, who now lives in Sugar Land, Texas, showed no emotion in court as the pictures showed how Benjamin’s parents and two siblings worked to include him.
“He was so strong,” his mother said. “We thought he would live forever.”
Donald Trump could meet Vladimir Putin in person as early as next week to discuss a ceasefire in Ukraine, a White House official has said.
They said the meeting would be conditional on the Russian president meeting his Ukrainian counterpart Volodymyr Zelenskyy, Sky News’s US partner network NBC News reported.
It came days before the White House’s deadline for Russia to reach a peace deal with Ukraine or face severe economic penalties, which could also target countries buying its oil.
Asked during a news conference at the White House if the talks would take place, Mr Trump said: “There’s a very good prospect that they will.”
He said it had not been determined where the talks would take place, but added: “We had some very good talks with President Putin today.”
However, he said: “I’ve been disappointed before with this one.”
Asked if Mr Putin made any kind of concession to lead to the development, Mr Trump did not give much away, but added: “We’ve been working on this a long time. There are thousands of young people dying, mostly soldiers, but also, you know, missiles being hit into Kyiv and other places.”
Trump might finally be a step closer to ending the war
Seven hours is a long time in US politics.
At 10am, Donald Trump accused Russia of posing a threat to America’s national security.
At 5pm, Trump said there was a “good prospect” of him meeting Vladimir Putin “soon”.
There had, he claimed, been “great progress” in talks between his special envoy Steve Witkoff and the Russian president.
It’s difficult to gauge the chances of a meeting between the two leaders without knowing what “great progress” means.
Is Russia “inclined” towards agreeing a ceasefire, as Ukraine’s president now claims?
Is Putin prepared to meet with his Ukrainian foe Volodymyr Zelenskyy, too?
The very fact that we’re asking those questions suggests something shifted on a day when there was no expectation of breakthrough.
Trump repeatedly vowed to end the war within 24 hours of becoming president.
On day 198 of his presidency, he might, just might, be one step closer to achieving that.
More tariffs ‘could happen’
Mr Trump also said he could announce further tariffs on China similar to the 25% he announced on India over its purchases of Russian oil.
“Could happen,” he said, after saying he expected to announce more secondary sanctions intended to pressure Russia into ending its war with Ukraine.
Earlier, he imposed an additional 25% tariff on Indian goods, on top of a previous 25% tariff, over its continued purchases of Russian oil.
India’s foreign ministry spokesperson said the additional tariffs were “unfair, unjustified and unreasonable”.
Image: Vladimir Putin welcomes Steve Witkoff during a meeting in Moscow. Pic: Sputnik/Reuters
It came after Mr Putin held talks with Mr Trump‘s special envoy Steve Witkoff in Moscow, with the meeting lasting around three hours.
In a post on Truth Social, Mr Trump said Mr Witkoff “had a highly productive meeting” with Mr Putin in which “great progress was made”.
He said he had updated America’s European allies, and they will work towards an end to the Russia-Ukraine war “in the days and weeks to come”.
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4:11
Correspondents in Washington and Moscow break down a busy day of diplomacy
‘The war must end’
Mr Zelenskyy later said he and Mr Trump spoke on the phone after the meeting. He said “European leaders also participated in the conversation” and “we discussed what was said in Moscow”.
He added: “Our common position with our partners is absolutely clear: The war must end. We all need lasting and reliable peace. Russia must end the war that it started.”
Mr Zelenskyy later said: “It seems that Russia is now more inclined to agree to a ceasefire.”
He added that the pressure on Moscow “is working”, without elaborating, and stressed it was important to make sure Russia does not “deceive us or the United States” when it comes to “the details” of a potential agreement.
Five soldiers have been injured in a shooting at an army base in the US – with authorities placing the location in “lockdown”.
“The installation was locked down at 11.04am and law enforcement is on the scene,” the Fort Stewart base in Georgia wrote on Facebook.
It said the incident took place at the 2nd Armoured Brigade Combat Team area and casualties had been reported.
The gunman has been arrested and there is “no active threat to the community”, the base added.
“The incident remains under investigation and no additional information will be released until the investigation is complete,” it said. The lockdown was lifted at 12.10pm local time.
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Governor Brian Kemp said he and his family were “saddened by today’s tragedy”.
“We are keeping the victims, their families, and all those who answer the call to serve in our hearts and prayers, and we ask that Georgians everywhere do the same,” he wrote on X.
Fort Stewart is around 25 miles (362km) southeast of Atlanta and is the largest US Army base east of the Mississippi River. It houses thousands of soldiers assigned to the army’s 3rd Infantry Division and their family members.
The fort’s three schools, which have nearly 1,400 students, were also placed under lockdown. Three schools outside the base also took steps similar to a lockdown “out of an abundance of caution”.
Donald Trump has been briefed on the shooting and the US president is monitoring the situation, White House press secretary Karoline Leavitt said in a post on X.
America’s vaccine-sceptic health secretary has announced $500m (£375.8m) worth of cuts to their development in the country.
The US health department is cancelling contracts and pulling funding for jabs to fight viruses like COVID-19 and the flu, it was announced on Tuesday.
Robert F Kennedy Jr, known as RFK Jr, said 22 projects developing mRNA vaccines will be halted. It is the latest in a series of decisions to reduce US vaccine programmes.
The health secretary has fired the panel that makes vaccine recommendations, reduced recommendations for COVID-19 shots, and refused to endorse vaccines despite a worsening measles outbreak.
RFK Jr claims the US will now prioritise “safer, broader vaccine strategies, like whole-virus vaccines and novel platforms that don’t collapse when viruses mutate”.
Responding to the announcement of cuts, Mike Osterholm, a University of Minnesota expert on infectious diseases and pandemic preparations, said: “I don’t think I’ve seen a more dangerous decision in public health in my 50 years in the business.”
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2:10
Is US politics fuelling a deadly measles outbreak?
Dr Paul Offit, a vaccine expert at Children’s Hospital of Philadelphia, said RFK Jr’s move was short-sighted and that mRNA vaccines “certainly saved millions of lives”, including during the pandemic.
MRNA vaccines work by delivering a snippet of genetic code into the body that triggers an immune response, rather than introducing a real version of the virus.
According to the UK Health Security Agency, the “leading advantage of mRNA vaccines is that they can be designed and produced more quickly than traditional vaccines”.
Moderna, which was studying a combo mRNA shot that can tackle COVID and flu for the US health department, previously said it believed mRNA could speed up production of flu jabs compared with traditional vaccines.