GERRARD and BLESSING IBEAGWA - 6 and 3 yo (2010) - Jacksonville FL

Jacksonville FL ---- A north Florida couple are charged in connection to the deaths of
their two children who drowned in a neighbor's pool after being left
home alone.Jail records show 45-year-old Markanthony C. Ibeagwa
and 41-year-old Jovita Ibeagwa each face charges of aggravated
manslaughter of a child under 18 years by culpable negligence and child
neglect.They were arrested Monday after surrendering to
authorities with their attorney Tom Fallis.


Fallis refused to comment on the case when contacted by The
Associated Press.Authorities say they learned that neither parent
was home when their two children, aged 6 and 3, were found dead in
their neighbor's pool June 19. They were pronounced dead at a hospital.

The parents of two children who
drowned last month in an Arlington pool have been arrested on aggravated
manslaughter and child neglect charges.Gerrard Ibeagwa, 6, and
Blessing Ibeagwa, 3, were found unresponsive in their neighbor's
swimming pool on Sunrise Ridge Lane on June 19.Their parents,
Markanthony Ibeagwa, 45, and Jovita Ibeagwa, 41, were charged Monday.



A neighbor found the gate to his yard open when he discovered the
children in his pool. Police said a wooden step ladder that did not
belong to him was also found outside the gate.
Jovita Ibeagwa, the mother of the children, told detectives she left for
work at 6:35 p.m. that day. Before leaving the home, she called her
husband and children's father, Markanthony Ibeagwa, police said.Officers
said Markanthony was at work and told Jovita he would leave work and
come home to watch the children. Police said Jovita left the children
unattended and drove to her job site. They said she was unaware of any
problems until she received a phone call telling her the police and Fire
Rescue were at her home. Police said Jovita left her work and drove
directly home.Markanthony said he was at work when he received a
phone call from Jovita telling him to come home, police said. Officers
said Markanthony did not leave his job site. They said he claimed, at
first, that his car broke down. Then Markanthony changed his story and
admitted he wanted to stay at work to get more hours of pay, according
to police.Police said Markanthony admitted the couple had left
the children unattended on other occasions.

Blessing and Mark Ibeagwa

Police said an autopsy
revealed the children accidentally drowned. Officers said both parents
admitted they individually and collectively failed to supervise their
young children, and both children died as a result of their lack of
supervision.The state attorney's office released the following
statement Monday afternoon:

"Parents and caregivers owe a special duty to provide their children
with the supervision and care necessary for those dependent upon them.
When parents and caregivers fail in that obligation, it is the duty of
law enforcement to investigate and charge those responsible. We are
mindful of the great loss these parents have suffered, but the facts and
circumstances of this case demand the filing of criminal charges.Parental
responsibility for the safety and supervision of their children has,
and will remain, a bedrock principle of the State's Attorney 0ffice."

According to the Ibeagwas' attorney and family friend, Rhonda
Peoples-Waters, both parents are certified as nursing assistants.
Peoples-Waters said Markanthony worked for a private health agency and
Jovita worked at Shands.Peoples-Waters said at the time of the
children's deaths, Markanthony was also in school for automotive
technicians training and working his other job. She said the Nigerian
couple was not in financial distress."I had offered to take care
of their kids if they needed help, and I didn't hear nothing about it,"
said one neighbor who didn't want to be identified. "I'm a stay-at-home
mom. I had all the free time in the world. I am always willing to help."Most
neighbors along the street said the charges against the drowned
children's parents are appropriate."These are kids' lives,
children's lives, and we need to watch out for them," one neighbor said.
"And if they're not held accountable, if we don't protect them, who
will?"John Harrell, a Department of Children and Families
spokesman, said there is no Florida statute stating what age a parent
can leave a child home unattended."Certainly when we hear parents
saying they leave their kids home on a regular basis, this is
concerning to us. This should not be happening," Harrell said.

2 Plead Not Guilty In Children's Deaths
Parents Charged With Aggravated Manslaughter, Child Neglect

POSTED: Tuesday, August 10, 2010
UPDATED: 6:27 pm EDT August 10, 2010


Markanthony Ibeagwa and Jovita Ibeagwa plead not guilty to aggravated manslaughter and child neglect.
JACKSONVILLE, Fla. -- A couple whose two young children drowned in a neighbor's pool pleaded not guilty in court Tuesday to aggravated manslaughter and child neglect.

Investigators said Markanthony Ibeagwa, 45, and Jovita Ibeagwa, 41, admitted to leaving their 3-year-old and 6-year-old children home alone on several occasions.
Gerrard Ibeagwa, 6, and Blessing Ibeagwa, 3, were found unresponsive in their neighbor's swimming pool on Sunrise Ridge Lane on June 19.

A neighbor found the gate to his yard open when he discovered the children in his pool. Police said a wooden step ladder that did not belong to him was also found outside the gate.

Video: Parents Face Manslaughter Charges
Jovita Ibeagwa, the mother of the children, told detectives she left for work at 6:35 p.m. that day. Before leaving the home, she called her husband and children's father, Markanthony Ibeagwa, police said.

Officers said Markanthony was at work and told Jovita he would leave work and come home to watch the children. Police said Jovita left the children unattended and drove to her job site. They said she was unaware of any problems until she received a phone call telling her the police and Fire Rescue were at her home. Police said Jovita left her work and drove directly home.

Markanthony said he was at work when he received a phone call from Jovita telling him to come home, police said. Officers said Markanthony did not leave his job site. They said he claimed, at first, that his car broke down. Then Markanthony changed his story and admitted he wanted to stay at work to get more hours of pay, according to police.

Police said Markanthony admitted the couple had left the children unattended on other occasions.

Police said an autopsy revealed the children accidentally drowned. Officers said both parents admitted they individually and collectively failed to supervise their young children, and both children died as a result of their lack of supervision.
http://www.news4jax.com/news/24578459/detail.html

I hope they both have to spend a long time in jail. They are old enough to know better-- not to mention they are both in nursing positions and should know better than to leave little ones alone! My gosh, how much more intelligence do you need to know that a 3 and 6 year old can't be left alone. Throw their butts in jail for a long time.

Me too Babyj. However, I don't think it is just negligence. The ladder being carried so far makes me think it was more deliberate.

I'm also concerned as to why the verdict was sealed. That is odd.

After Skank got off for murdering Caylee, I'm worried this might be another miscarriage of justice.

Praying for the best, fearing the worst.

Yeah Twink, I really didn't understand the deal about the ladder. So you think the parents put the ladder by the neighbor's fence as he said it was just outside his gate. Either way, leaving those kids alone is the cause of their demise. Something bad was going to happy sooner or later. Maybe something similar happened to Sky as his mother used to leave he and his sister alone for long periods.

I wonder too why the decision has been sealed but thought maybe it's because he wanted to wait until the mother's trial is finished since it started the other day. We shall soon find out.

I guess I was so tired I missed the reason he sealed the verdict. That makes sense.

Mom's trial temporarily stalled in child drowning case

Published: 2/16 12:29 pm
JACKSONVILLE, Fla - The trial for the mother accused of two counts of
aggravated manslaughter after her kids drowned in a neighbor's pool has
reached a snag. Jovita Ibeagwa's trial was supposed to start Thursday
morning, but before jurors were called into the courtroom, the defense
and prosecution met with the judge to discuss a discrepancy in cell
phone records.

The judge then decided to send jurors to an early lunch, giving him time to dig into the issue.

Jovita's
husband, Marcanthony, already stood trial for the same charges. A
verdict has been reached in his case, and that verdict will remain
sealed during the duration of his wife's trial.

Both parents are
accused of leaving their children home alone at their Arlington home in
2010. According to police, the two young kids hopped a neighbor's fence
and drowned in the pool.

During his trial, the
prosecution said Marcanthony acted negligently when he made the decision
to stay three hours late at work, without telling his wife. She left
home, leaving their two toddlers to fend for themselves.

If
convicted, both parents could face up to 30 years in prison on each
count of aggravated manslaughter. Marcanthony's wife's trial begins
Thursday.

The jury was told to return to the courtroom at 12:30 p.m.
http://www.actionnewsjax.com/content/topstories/story/Moms-trial-temporarily-stalled-in-child-drowning/C2Mlw6ebD0GlI47HNg9wLQ.cspx

The mother's trial will start tomorrow. Not posting the article because it says nothing new except the trial was postponed until Wednesday.

Prosecutor says phone call irrelevant in Jacksonville mother's trial in children's drowning

Issue emerges: Did she call her husband right away, or 2 hours later?

February 23, 2012

BRUCE LIPSKY/The Times-Union
Jovita Ibeagwa is now on trial; the verdict in her husband's trial has been sealed.

“June 19, 2010, I came home to find two dead children in my pool.”

Those were almost the exact same words Brandon Cheyney used last week.

But Wednesday, his words were heard by a different jury and a different defendant — the Jacksonville mother whose trial began one week after her husband's ended in the drownings of their small children who were left home alone.

Jovita Ibeagwa, like her husband, Markanthony Ibeagwa, is charged with two counts of aggravated manslaughter of a child. If convicted, she faces up to 30 years in prison on each count, as her husband does. Circuit Judge Adrian G. Soud has sealed the verdict in his case until the conclusion of his wife's trial.

Jovita Ibeagwa was charged after prosecutors said she left her children by themselves to go to work after calling her husband to come home to watch them.

Cheyney found 3-year-old Blessing and 6-year-old Gerrard drowned in his swimming pool after returning home from dinner that evening.

Jovita Ibeagwa told detectives in an interview shown in court that she thought her husband would be home in the five to 10 minutes it usually takes him to drive from work. She was visibly shaken in court
when her hysterical reaction to what happened was played.

The call that police said was made at 6:35 p.m. is not only a key element of Ibeagwa's defense but also a cause of controversy after it was recently discovered that the phone records show no call between the couple until 8:40 p.m.

Defense attorney Thomas Fallis filed a motion Tuesday to prevent the prosecution from implying that she never made the earlier call. He said it should not be allowed because prosecutors already said she did make the call in her husband’s trial.

However, Soud denied Fallis' motion, citing the prosecutors' closing arguments in her husband's trial. Soud said at least twice the prosecutors mentioned that the phone records show no call until a couple of hours later.

“Regardless of whether there was a communication or not, it does not change the fact that she closed that door and walked away and never checked back,” Assistant State Attorney Alan Mizrahi said.

http://jacksonville.com/news/crime/2012-02-23/story/prosecutor-says-phone-call-irrelevant-jacksonville-mothers-trial#ixzz1nE3gN800

Friday, Feb. 24, 2012


Jacksonville parents convicted in their children's drownings



Markanthony Ibeagwa


Jovita Ibeagwa and her attorney Thomas Fallis

Markanthony Ibeagwa sat and watched as his wife, clutched by her legal team, was convicted Friday in the June 2010 drownings of their two small children who were left home alone.

Then, it was his turn.

Circuit Judge Adrian G. Soud called Ibeagwa forward where he, too, was informed of his guilt, though of a lesser charge.

Markanthony and Jovita Ibeagwa were both charged with two counts of
aggravated manslaughter of a child in the deaths of 3-year-old Blessing
and 6-year-old Gerrard.

While Jovita Ibeagwa, 43, was found guilty as charged, Markanthony
Ibeagwa, 46, was convicted of the lesser charges of child neglect with
great bodily harm.

"This was a very difficult case to try, one of the most difficult
ones I've ever had to try," Assistant State Attorney Alan Mizrahi said.
"... But I think this jury did hold these parents accountable for their
lack of supervision of their children."

Jovita Ibeagwa told police she left her children at home to go to
work after calling her husband to come home from work. She testified he
assured her he would be home in the five to 10 minutes his daily commute
normally takes.

Markanthony Ibeagwa initially told police he had car troubles, but
later changed his story and said he stayed to work more hours.

In his closing argument, defense attorney Thomas Fallis emphasized
the law pertaining to the accusation of culpable negligence versus
simple negligence. He said culpable negligence is more than just a
"failure to use necessary care" but rather includes recklessness and
gross disregard.

Fallis said Jovita Ibeagwa was acting in a reasonable fashion when
she thought she was leaving her kids home alone for no longer than five
to 10 minutes.

But Mizrahi responded by asking why she never checked back on the
kids or returned home after she spoke to her husband two hours later and
learned that he had not yet left work.

The children were found drowned in their next-door neighbor's swimming pool. They had been left alone for three hours.

Jovita Ibeagwa faces up to 30 years on each count. Markanthony
Ibeagwa faces up to 15 years on each count. Soud will sentence them in
April.

Still Nigerian citizens, the Ibeagwas also likely face deportation,
according to Markanthony Ibeagwa's defense attorney Al Perkins, though
he said he thinks that will be up to a federal court.

Mizrahi said he understands the Ibeagwas loved their children very
much. But he said he kept his focus on finding justice for their drowned
children.

"Someone had to stand up for those two kids. As much as I felt sympathy for their parents, it was their fault."

http://m.jacksonville.com/news/crime/2012-02-24/story/jacksonville-parents-convicted-their-childrens-drownings

Possible deportation for Jacksonville parents convicted in children's drownings

The couple could be sent back to their native Nigeria

April 9, 2012 - 7:13am

By Charles Broward

They have been proved to be at fault, but many may still sympathize with Markanthony and Jovita Ibeagwa.

Those who were present at the Jacksonville couple's trials witnessed
their anguish and the grief they were still unable to contain following
the loss of their two small children who drowned in a neighbor's pool
after they left them home alone.

But whatever leniency the judge may show them during their upcoming
sentencing won't matter if they are deported back to their native
Nigeria, where their culture will shun them for life, their attorneys
say.

"They're going to be social outcasts in their own country because of
the loss of their children," said Markanthony Ibeagwa's attorney, Refik
Eler, citing his office's research into the Nigerian social culture that
places the family above the individual.

A jury found Jovita Ibeagwa guilty in February
of two counts of manslaughter against a child in the 2010 deaths of
3-year-old Blessing and 6-year-old Gerrard. Her husband was found guilty
of the lesser charges of child neglect with great bodily harm.

In the United States, at least since 2009, both worked as nursing assistants.

A spokesman from the U.S. Immigration and Customs Enforcement, an arm
of the Department of Homeland Security, confirmed that a retainer has
been placed on the Ibeagwas. A retainer requires local authorities to
contact the agency when releasing from custody individuals who are under
consideration to be deported.

Couple will have say
Although the Ibeagwas have
been convicted of serious felonies, like all immigrants who have a green
card or visa and face deportation, they will have their say.

If the attorney assigned to the case wishes to seek deportation, the
Ibeagwas will be served with a notice to appear in a U.S. Executive
Office of Immigration Review court. The review courts operate under the
Department of Justice.

According to the department, an immigrant facing deportation will
first attend a hearing similar to a criminal arraignment, where a judge
will explain to them what immigration law they are accused of breaking
and offer representation if needed.

The judge may also allow the individual to be released from custody
during the review process. The duration of the review process varies
case by case and those in state custody may be subject to review while
incarcerated.

The judge will then schedule the review hearing, in which the circumstances of the case are presented.

The judge may consider things such as the severity of the crime and how long the immigrant has been in the country.

The judge will then decide if the individual should be removed.

If a removal order is issued, the individual can appeal. They also
may claim forms of relief from forced removal, though being convicted of
a "serious felony" often is a disqualification.

Those who face removal may then be sent to one of the more than 80
detention facilities throughout the country until deported. Restrictions
are placed on how long a deportee must wait before being able to
reapply for a green card or visa, though the judge can place permanent
restrictions.

Court appearance
The Immigration Customs and
Enforcement's Miami office, which covers Florida, Puerto Rico and the
U.S. Virgin Islands, has deported 62,088 immigrants since 2008.
Nationally, nearly 400,000 were deported last year, 56 percent of whom
were criminal offenders.

The Ibeagwas are set to appear in court today to set a date for their sentencings. Any immigration efforts would have to follow.

"This is a very gray area," said Jovita Ibeagwa's attorney, Thomas
Fallis. "Even though the charge is quote manslaughter, there is no
violence involved. So there may very well be a good argument for
non-deportation."

Should the Ibeagwas be deported, however, their most recent visit to their children's graves may have been their last.

http://jacksonville.com/news/crime/2012-04-09/story/possible-deportation-jacksonville-parents-convicted-childrens-drownings#ixzz1raeenVNq