Father in day care death case: 'We cried for a good hour sitting on the floor'


2 p.m. update: 

The last time David Havins saw his infant son alive, Brody was in his crib, kicking his feet and smiling like he always did.

It was early in the morning of Jan. 13, 2016, and Havins was getting ready to leave his Georgetown home and head to his job doing electrical work in South Austin. But before he left, he stopped by Brody’s crib. He kissed the baby on the head and said goodbye.

“I said ‘Go back to sleep. Mommy’s trying to sleep,’” Havins remembered Monday in Williamson County District Court.

Brody died after choking on a mitten at All About Kids Daycare. The daycare’s owner, Holly Harrison, pleaded guilty this week to tampering with evidence and no contest to a felony charge of injury to a child for what happened on that day.

This week, District Judge Rick Kennon will preside over a sentencing hearing during which prosecutors will try to convince him to give Harrison jail time. The hearing is expected to take most of the week, with 18 witnesses planned for the prosecution alone.

Police have said Harrison waited 12 minutes to call 911 after she discovered that the baby was not breathing at her daycare at 1011 Serenada Drive in Georgetown.

Before calling 911, Harrison texted and/or called her daughter, a friend and the parents of three other children. Harrison admitted in court earlier this month that she deleted those calls from her cellphone call log because she knew law enforcement and the Texas Department of Family and Protective Services would be investigating the incident.

The injury to a child charge is punishable by up to 20 years in prison. The tampering with evidence charge is punishable by up to 10 years in prison.

Investigators do not think Harrison put the glove in the boy’s mouth. The infant’s death was accidental, an autopsy report said.

On Monday, Brody’s father told his story about what happened that day.

Havins was at work when he saw he had two missed phone calls from Harrison telling him that the baby had an accident and that she was on the way to the hospital. He then got a call from his wife, Kelly, who told him that Brody had stopped breathing and was going to the hospital.

Havins said he dropped his tools, ran to his car and raced to Baylor Scott and White, where the infant was being treated. Once Havins arrived, he said, a family member told him that Brody had passed away.

Havins said he threw his keys and started screaming and crying. He then found his wife.

“I guarantee we cried for a good hour sitting on the floor,” Havins said.

Since then, he and his wife have struggled to deal with what happened, he said.

“I’m a different person,” Havins said. “She’s a different person. We’re still trying to cope with this the best way we know how.”

Earlier:

The sentencing hearing of a woman who ran a daycare where a 5-month-old baby died will be held today in Williamson County District Court.

Holly Harrison — who owned All About Kids — pleaded no contest earlier this month to injury to a child and guilty to tampering with evidence in the death of Brody Havins, who choked on a glove in 2016 while in her care.

The injury to a child charge is a second-degree felony punishable by up to 20 years in prison. The tampering with evidence charge is punishable by up to 10 years in prison.

Police have said Harrison waited 12 minutes to call 911 after she discovered that the baby was not breathing on Jan. 13, 2016, at her daycare at 1011 Serenada Drive in Georgetown.

Before calling 911, Harrison texted and/or called her daughter, a friend and the parents of three other children. Harrison admitted in court earlier this month that she deleted those calls from her cellphone call log because she knew law enforcement and the Texas Department of Family and Protective Services would be investigating the incident.

Investigators do not think Harrison put the glove in the boy’s mouth. The infant’s death was accidental, an autopsy report said.

The parents of Brody Havins filed a civil lawsuit in January against Harrison seeking more than $1 million in damages for the pain the baby suffered before he died, his medical and funeral expenses and the family’s pain and suffering since his death.



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