Jessica Tata was charged with felony murder after four children died in a fire at her home day care. On Tuesday, a Texas jury found her guilty.
The fire happened in February 2011 while Tata was out shopping. She left seven children in her home, unsupervised, and also left a pan of oil heating on the stove, the Associated Press reports. The oil ignited and sparked a fire that killed four of the children and injured the others.
Tata’s attorney argued that she didn’t intend to harm the children. But that wasn’t really a defense in this case since her intent wasn’t important.
Laws about felony murder are designed to punish people who commit an inherently dangerous felony and as a result of that felony, someone dies. Felony murder punishes people regardless of their intent to kill; the only relevant issue is the intent to commit the underlying felony.
In Jessica Tata’s case, not only is child abandonment a felony in Texas, but it is also considered inherently dangerous because it places a child in danger.
The sentencing phase of Tata’s trial began on Tuesday, and she could spend the rest of her life in prison, according to Houston’s KHOU-TV.
Tata has also been charged with three other counts of felony murder, three counts of abandoning a child and two counts of reckless injury to a child. But with Tuesday’s conviction, it’s not clear if prosecutors will take those cases to trial, KHOU reports.
Related resources:
- Felony Murder and the Jessica Tata Situation (Houston Chronicle)
- Houston Day Care Owner on ‘Most Wanted’ (FindLaw’s Blotter)
- Wrongful Death Suit Filed in Daycare Death (FindLaw’s Injured)
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