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.”
Elon Musk has criticised US President Donald Trump’s tax and spending bill, calling it “outrageous” and a “disgusting abomination”.
The bill, which includes multi-trillion-dollar tax breaks, was passed by the House Republicans in May, and has been described by the president as a “big, beautiful bill”.
The tech billionaire hit out at the tax cuts on his platform X, writing: “I’m sorry, but I just can’t stand it anymore.
“This massive, outrageous, pork-filled Congressional spending bill is a disgusting abomination.
“Shame on those who voted for it: you know you did wrong. You know it.”
Image: Elon Musk left his ‘special government employee’ role last week. Pic: AP.
In American politics, “pork” is a political metaphor used when government spending is allocated to local projects, usually to benefit politicians’ constituencies.
The White House brushed Musk’s comments aside, claiming they did not surprise the president.
In a press conference on Tuesday, press secretary Karoline Leavitt said that “the president already knows where Elon Musk stood on this bill”.
She added: “This is one, big, beautiful bill.
“And he’s sticking to it.”
The White House on Tuesday asked Congress to cut back $9.4bn in already approved spending, taking money away from DOGE.
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13:36
What did Musk achieve at DOGE?
The billionaire tweeted: “It will massively increase the already gigantic budget deficit to $2.5 trillion (!!!!) and burden American citizens with crushingly unsustainable debt.”
He also suggested voting out politicians who advanced the president’s tax bill.
“In November next year, we fire all politicians who betrayed the American people,” Musk wrote in another X post.
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Questions have also been raised about whether the department has actually saved taxpayers as much money as suggested.
Musk initially had ambitions to slash government spending by $2trn (£1.5trn) – but this was dramatically reduced to $1trn (£750bn) and then to just $150bn (£111bn).
Image: Elon Musk brought his son X Æ A-12 to the Oval Office during a press conference earlier this year. Pic: Reuters.
He recently told The Washington Post: “The federal bureaucracy situation is much worse than I realised. I thought there were problems, but it sure is an uphill battle trying to improve things in DC to say the least.”
By law, status as a “special government employee” means he could only serve for a maximum of 130 days, which would have ended around 30 May.
Elon Musk has criticised US President Donald Trump’s tax and spending bill, calling it “outrageous” and a “disgusting abomination”.
The bill, which includes multi-trillion-dollar tax breaks, was passed by the House Republicans in May, and has been described by the president as a “big, beautiful bill”.
The tech billionaire hit out at the tax cuts on his platform X, writing: “I’m sorry, but I just can’t stand it anymore.
“This massive, outrageous, pork-filled Congressional spending bill is a disgusting abomination.
“Shame on those who voted for it: you know you did wrong. You know it.”
Image: Elon Musk left his ‘special government employee’ role last week. Pic: AP.
In American politics, “pork” is a political metaphor used when government spending is allocated to local projects, usually to benefit politicians’ constituencies.
The White House brushed Musk’s comments aside, claiming they did not surprise the president.
In a press conference on Tuesday, press secretary Karoline Leavitt said that “the president already knows where Elon Musk stood on this bill”.
She added: “This is one, big, beautiful bill.
“And he’s sticking to it.”
The White House on Tuesday asked Congress to cut back $9.4bn in already approved spending, taking money away from DOGE.
Please use Chrome browser for a more accessible video player
13:36
What did Musk achieve at DOGE?
The billionaire tweeted: “It will massively increase the already gigantic budget deficit to $2.5 trillion (!!!!) and burden American citizens with crushingly unsustainable debt.”
He also suggested voting out politicians who advanced the president’s tax bill.
“In November next year, we fire all politicians who betrayed the American people,” Musk wrote in another X post.
Spreaker
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To show you this content, we need your permission to use cookies.
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Questions have also been raised about whether the department has actually saved taxpayers as much money as suggested.
Musk initially had ambitions to slash government spending by $2trn (£1.5trn) – but this was dramatically reduced to $1trn (£750bn) and then to just $150bn (£111bn).
Image: Elon Musk brought his son X Æ A-12 to the Oval Office during a press conference earlier this year. Pic: Reuters.
He recently told The Washington Post: “The federal bureaucracy situation is much worse than I realised. I thought there were problems, but it sure is an uphill battle trying to improve things in DC to say the least.”
By law, status as a “special government employee” means he could only serve for a maximum of 130 days, which would have ended around 30 May.
A manhunt is under way for an ex-soldier suspected of kidnapping and murdering his three daughters in Washington state.
Officers said Travis Decker, 32, has “extensive” military training and could pose a “significant risk” but they aren’t sure if he’s armed.
Police, the FBI and US marshals are all involved, with drones and aircraft deployed to scour remote forested areas.
The alarm was raised on Friday when the girl’s mother reported her daughters – aged nine, eight and five – missing after Decker didn’t return following a planned visit of three hours.
Wenatchee police began the search over the weekend, looking for the white pick-up Decker is believed to live out of.
The truck was found on Monday near a campground west of Leavenworth, about 70 miles east of Seattle, with the girls’ bodies found in “relatively close proximity”, according to police.
Evelyn, Paityn and Olivia Decker attended Lincoln Elementary in Wenatchee school district.
Image: Decker is said to have ‘extensive’ military training. Pic: Wenatchee Police Department
Their mother told police the girls didn’t return as planned at 8pm on Friday and that Travis Decker’s phone went straight to voicemail.
A detective for the Wenatchee force said she “expressed concern because Decker reportedly has never done this before and… is currently experiencing some mental health issues”.
Officials said Decker joined the US Army in 2013 and moved to the Washington National Guard in 2021, becoming part time in the last few years, but stopped attending drills about a year ago.
The public have been warned to not approach Decker and to call 911 immediately.
Questions are being asked about whether time was wasted in escalating the search after police requested an amber alert from state patrol on Friday night but it didn’t meet the criteria.
It wasn’t until Wenatchee detectives provided extra information on Saturday that an endangered missing person alert was issued.
Washington State Patrol public affairs director Chris Loftis said a parent not returning their child on time was a “rather common occurrence and not something where you just automatically assume abduction”.
“We’re people too, you know, so the loss of a child, the loss of two children, the loss of three children is… devastating,” he said.