Saturday, January 10, 2009

Homicide at Arizona Preschool

Our hearts go out to the parents of Selenia Moreno, the little girl who died in November at Colorful Kids Preschool. The Chandler Police Department responded to the report of an unresponsive child and later determined her death a homicide. An employee of the preschool, Candelaria Bradford, has been arrested and charged with 2nd degree murder.

Under Arizona law, a person commits second degree murder if without premeditation:

1. The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or

2. Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or

3. Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.

Depending on the classification above, it is very possible that in addition to criminal charges, the wrongdoer will have to respond to a civil lawsuit for damages brought by the family of the deceased child. Further, in that the wrong was committed during the scope of the person’s employment, the wrongs of the employee are generally attributable to his/her employer, thus invoking the insurance coverage the employer has for the business. There are exceptions, and it is important for one to seek legal advice early in the process regarding these questions.

Zachar & Associates handles wrongful death and personal injury cases with the utmost care and concern for those affected. We take a particular interest in injury cases involving children.

Visit us online at http://www.helping-injured-children.com/ or call (602) 494-4800.

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