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Babysitter charged with death of 2-year-old boy in Upper Chichester
Published: Saturday, December 31, 2011
By ROSE QUINN
rquinn@delcotimes.com


A 23-year-old babysitter was charged late Friday in the death of a 2 1/2-year-old boy in Upper Chichester earlier this month.

Heather Lynn Hess was arrested at her home on Hewes Avenue in Upper Chichester, soon after the Delaware County District Attorney’s Office approved a complaint.

Hess was remanded to the county prison without bail following her preliminary arraignment before Magisterial District Judge Walter Strohl. Charges filed against Hess include first- and third-degree murder, as well as involuntary manslaughter, aggravated assault and endangering the welfare of children.

Investigators said Hess’ statements regarding the boy’s injuries were “totally inconsistent” with the subsequent findings of the Philadelphia Medical Examiner.

The boy, who suffered massive head and brain injuries, died Dec. 12 at Children’s Hospital of Philadelphia. Assistant Philadelphia Medical Examiner Dr. Aaron Rosen determined the cause of death as “blunt impact neurotrauma,” and the manner as homicide.

An initial investigation by Upper Chichester police began Dec. 11, when officers responded to Hess’ Hewes Avenue home after receiving a report of a child in respiratory arrest, shortly after 6:30 p.m. On arrival, 2-year-old David John Miller Jr. was being treated by paramedics. He was then transported to Crozer-Chester Medical Center.

Documents state that the boy’s father told police his son had been in Hess’ care. Three other children between the ages of 1 and 4 were also in the house.

According to the probable-cause affidavit, written by township Detectives John Montgomery and Thomas McNichol and county Detective Robert Fuss, Hess reportedly told police she had been alone in the house with four children, including Miller. The children were playing in the family room while she was cooking in the kitchen. She became concerned when she realized the children were quiet.

Hess then walked into the family room and found Miller “lying unconscious on his back on the floor,” the affidavit states. Hess told investigators she found a plastic bottle cap lodged in the toddler’s throat, which she indicated she was able to dislodge with a finger sweep. Still, she described the child as remaining limp and having great difficulty breathing. Also, there was blood coming from his mouth, she said, the affidavit states.

At one point, Hess told police she believed the toddler was dead, but continued efforts to revive him.
Hess said she took the boy into her bedroom, phoned her boyfriend and then 911. She then began to perform CPR on Miller with one hand, while holding the phone to speak with a 911 operator with the other. Hess continued performing CPR until a relative arrived. Within minutes, the boy’s father, David J. Miller Sr., and paramedics, were at the house.

During the investigation, detectives were notified that the toddler had been transferred from Crozer to CHOP. Detectives spoke with medical staff who said the toddler suffered a massive brain injury, and also had numerous bruises on varying ages on his back – which the affidavit said suggests abuse.

Medical staff also told investigators the head/brain injury “was not consistent with any type of injuries that could have been sustained from choking on a bottle cap and/or from CPR actions,” the affidavit states. No injury was found inside the toddler’s mouth or throat that would be consistent with damage caused by choking on a bottle cap or by damaged cause by dislodging it, the affidavit states.

The affidavit also states the toddler had red/purple and brown bruising on his forehead, pelvic area and back.

The toddler, who loved motorcycles, SpongeBob SquarePants and animals, was surrounded by family when he died, according to his obituary.

“David was a gift that has forever changed our lives and a smile that has been permanently etched in our hearts. David was an absolute joy with endless energy and a shining spirit,” the obituary reads in part.

Through organ donation, the toddler in death “gave life to those still struggling to live.”