Army Sergeant mother is 'devastated' after four-month-old baby Bo died when she left him in a hot car for FIVE HOURS - as she is charged with manslaughter

By James Nye

PUBLISHED: 11:25 EST, 14 August 2013 | UPDATED: 13:58 EST, 14 August 2013

Death: Investigators said 35-year-old Katherine Papke of Anniston is charged with manslaughter and leaving a child unattended in a vehicle

Death: Investigators said 35-year-old Katherine Papke of Anniston is charged with manslaughter and leaving a child unattended in a vehicle


The army sergeant mother in Anniston, Alabama, charged with the manslaughter of her four-month-old boy by leaving him in a hot car is 'devastated' - but denies she committed a crime.

Sergeant First Class Katherine Papke, 35, claims she forgot to drop her son Bennett Owen Smith at day care after taking her two daughters, aged eight and seven to school.

Leaving her baby 'Bo' in the hot car for over five hours, Papke's attorney says she returned to her 2013 Toyota minivan at around 2 p.m. and realized to her horror that he child was still in the back seat.

'There's moral responsibility for the child's welfare, surely,' said Jim Sturdivant. 'But not criminal.'

Papke discovered her child was unresponsive outside the old Fort McClellan on the 400 block of Goode Road on Friday and desperately phoned 911 for help.

The child was later declared dead in hospital after emergency services worked to revivie him.

Papke was arrested later on in the day and charged with manslaughter and leaving a child unattended in a vehicle - but was released from Anniston City Jail on $100,000 bond.

The distraught mother's attorney compared the case to others that have been in the press recently, notably that of, Gabriella Gi-Ny Luong - who died after her mother Katie Luong forgot her inside their car outside of her place of work in Homewood.

Scroll Down for Video

Tragedy: Katherine Papke is believed to be pictured here with her four-month-old son Bennett Owen Smith and her two other children who are aged eight and seven

Tragedy: Katherine Papke is believed to be pictured here with her four-month-old son Bennett Owen Smith and her two other children who are aged eight and seven

Baptism: Katherine Papke (left in white top and pink skirt) at her son Bennett Owen Smith's Christening

Baptism: Katherine Papke (left in white top and pink skirt) at her son Bennett Owen Smith's Christening

Sergeant First Class Katherine Papke served two tours in Afghanistan and spent over a year in Iraq in the U.S. Army
Sergeant First Class Katherine Papke served two tours in Afghanistan and spent over a year in Iraq in the U.S. Army

Sergeant First Class Katherine Papke served two tours in Afghanistan and spent over a year in Iraq in the U.S. Army

Luong was not charged with any criminal offences in her child's death.

'She's a working mother who just got off maternity leave,' Sturdivant said to Al.Com.

'She thought she had dropped off the child at daycare. It's important that people know that. No words can describe how she feels.'

Papke is a soldier with 15 years in the army, having served in Kosovo, two tours in Afghanistan and 15 months in Iraq.

'This is a woman who has served her country very well, who has been part of an incredibly unfortunate incident,' he said. 'It's a tragic set of circumstances.'

 

More...

Friday's incident shocked the town of Anniston.

'A little after 2 o'clock, somewhere in that roundabout time, our officers received a call of an emergency situation involving a four-month-old child in the 400 block of Goode Road, which is on the old Fort McClellan property,' police sergeant Chris Sparks said.

'Officers along with Anniston EMS and fire responded and found a four-month-old unresponsive.  Child was transported to RMC for treatment and was later pronounced dead.'

Papke was arrested and taken to the police station for questioning where investigators decided the death was a homicide and charged her.

Sgt. Sparks said that leaving a child unattended in a car is a class B felony under a new law in Alabama which went into effect on August 1st.

Horrifying: Sgt. Sparks said that any time a child dies it is sad - especially under the circumstances in this particular incident

Horrifying: Sgt. Sparks said that any time a child dies it is sad - especially under the circumstances in this particular incident

Tragedy: The incident occurred on the 400 block of Goode Road of Anniston in Alabama

Tragedy: The incident occurred on the 400 block of Goode Road of Anniston in Alabama

However, this is the first incident that police in Anniston have had to deal with under the new legislation which applies to children under the age of seven.

'Any case involving a child is always difficult.  It doesn't matter if you have a child or not, it's awful to see a child hurt or injured in any way, shape, or form,' he said to WSET.Com

Bond: Katherine Papke was released on a $100,00 bail bond on Saturday after her 4-month-old son died on Friday

Bond: Katherine Papke was released on a $100,00 bail bond on Saturday after her 4-month-old son died on Friday

While police are waiting on the autopsy report to determine the exact cause of death, Sgt. Sparks said that the extreme heat that day was most likely the cause.

WSET.com - ABC13

Comments (60)

The comments below have not been moderated.

 View all

You forget the shopping, you forget your keys you can even forget locking the car, but you can never forget a child!

Click to rate     Rating   26

Report abuse

i don't think it was an accident- maybe unconscious but no accident.

Click to rate     Rating   4

Report abuse

No excuse for forgetting your baby ever! Stupid people shouldn't reproduce!

Click to rate     Rating   21

Report abuse

There but for the grace of God go I. When us mothers have so much on our plate we become frazzled and forgetful...sometimes tragically so.

Click to rate     Rating   12

Report abuse

dammit.. WHY hasn't someone invented a device that would activate when switched on when the parent places a child in the rear seat... the sensor would activate the horn and lower the windows... ..Where's baby...? - Andrew_59, Richmond VA, United States, 14/8/2013 19:53 No offense, that has been invented for police K9's but if it has come to that for our own children...what a pathetic society we live in.

Click to rate     Rating   8

Report abuse

If you "forget" your 4 month old baby in the car, you do not deserve to be a parent. I don't excuse people who "forget" their dogs in hot cars. No excuses.

Click to rate     Rating   27

Report abuse

dammit.. WHY hasn't someone invented a device that would activate when switched on when the parent places a child in the rear seat... the sensor would activate the horn and lower the windows... ..Where's baby...?

Click to rate     Rating   14

Report abuse

How thick, I wonder if she ever forgets to breathe

Click to rate     Rating   13

Report abuse

how abt repealing the law that required children in the back seat it did not happen when the infant was next to the parent and less distracted driving trying to watch a kid in the back. also the children are in danger now with the mandated side airbags

Click to rate     Rating   2

Report abuse

...and there is no extra bennies for a third child, hummmmmmmmmmmmmm, I bet she is so "devastated"...ya right pft

Click to rate     Rating   27

Report abuse

Share this comment

The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline.

We are no longer accepting comments on this article.