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Many Question Toddler Death Outcome
   posted 11:55 pm Wed July 02, 2008 - Amherst Co., VA
   reporter: Courtney Robinson     posted by: Webteam
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A Madison Heights teen will pay a $500 fine for improper driving that prosecutors say killed a two-year-old. And some of you are asking why the family of Omarion Rose also wasn't charged. The toddler got out of his Seminole Drive home the morning of January 14th.

His mother doesn't know how he got out and she wishes she knew, because it haunts her everyday. A cousin was watching Omarion at the time because Whitney Hughes was sick in bed. It wasn't until State Police knocked on their door that they realized Omarion was gone.

Immediately following the accident both State Police and Amherst County Social Services investigated the family to see if there was any criminal negligence. Prosecutors say the results show it was an accident and no criminal charges should be brought against the family.

As far as the driver, Kaylie Silby, prosecutors say in reviewing all of the evidence, the greatest charge they could file was reckless driving.

Stephanie Maddox, Commonwealth's Attorney - "It's my job to review the facts and the evidence and bring the charges that are appropriate in every case and I can't bring charges in a case based on emotion. It has to be based on fact and we just don't have enough facts under the law that's provided for in Virginia to charge them with a criminal offense."

Kaylie Silby has yet to pay the $500 fine. She has until July 16th or her license will be suspended.


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Talkback: Many Question Toddler Death Outcome
AliHokie
Texas_Chic, you need to look at both sides of this story. It is terrible that this child died, but lets look at the facts:
1. the mother wasn't watching him
2. the cousin wasn't watching him
3. they lived in an apartment, how many places could he be
4. they didn't realize he was GONE until police knocked on the door. I'm sure figuring out who this child belonged to was no easy feat, especially since kids don't carry ID, and because his family hadn't reported him missing. This was probably much, much later on in the morning.
5. if you are truly "watching" someone, you would realize if they were trying to leave the house
6. the girl driving looked in her rearview mirror when she hit something, and didn't see what she hit
7. she called police when she saw the news about it, rather than trying to hide from it.
8. cousin of the child should be charged with reckless endangerment.

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