About the only piece of evidence the prosecution didn’t have in the murder case against 20-year-old Patrick Fluker was an eyewitness testifying that he was seen shooting 29-year-old Tiffany Mendez in the head.A Fort Wayne couple are suing their former baby sitter, alleging the woman’s negligence contributed to the death of their 3-month-old son.
Dennis and Megan Oakley, the parents of Viktor Oakley, filed a lawsuit this week in Allen Superior Court against Cindi Elsea and Jessica Thatcher that alleges Elsea failed to properly care for their son.
According to court documents, the Oakleys were looking for child care for their two children on Craigslist, found Elsea and began using her baby-sitting service in September. In promotional materials and advertising, the day care was said to be staffed by a certified nursing assistant who was “CPR, first-aid certified,” according to court documents.
On Oct. 20, the documents said, Elsea placed Viktor on his stomach on a bed, surrounded by pillows and was left asleep, unattended. The infant was discovered sometime later with no discernible heartbeat or respiration, according to court documents.
The baby was pronounced dead at the hospital. While an autopsy revealed no disease or trauma, it noted the baby had been subjected to an “unsafe sleeping condition,” according to court documents. The lawsuit alleges Elsea should have known that the prone sleeping position created a risk of death in an infant that young.
When reached for comment about the lawsuit, Elsea said it was an unfortunate incident but one that was thoroughly investigated.
“It all came out the baby died of (sudden infant death syndrome),” she said. “I was investigated and found to not be guilty of any wrongdoing.”
Thatcher, the other defendant, was Elsea’s son’s girlfriend at the time, Elsea said. Thatcher could not be reached for comment.
According to court documents, Thatcher was listed as the certified nursing assistant and CPR-trained, and therefore should have known putting the baby on his stomach was dangerous.
The Oakleys are seeking funeral and final medical expenses as well as the reimbursement for counseling costs for themselves and the baby’s brother, who was 17 months old at the time of Viktor’s death. They are also seeking compensatory damages, court documents said.
