Michigan Mother Charged After 8-month-old Drowns in Bathtub While She Was on Phone

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A Michigan mother has pleaded guilty to charges of leaving her infant boy in the bathtub, where he drowned while she was on the phone for 20 minutes.

Olivia Miller, 23, pleaded no contest on Monday to involuntary manslaughter in the death of 8-month-old Asher Johnson, according to court records. As part of the plea deal, she faces up to a year in prison.

The case was discovered on Nov. 22, 2023, when the mother contacted 911 at 3:38 p.m. and informed the dispatcher that her son had drowned in the bathtub of her home in the 4600 block of 16 Mile Road Northwest, according to Grand Rapids NBC station WOOD. Upon arrival, first responders discovered the newborn lying face up on the floor and began conducting lifesaving treatments. He died in the hospital.

Miller told officers that she had placed her son in the bathtub with a few inches of water flowing before going one room over to change the laundry. She stated she returned after approximately five minutes to find her son floating face up in the water, his lips and nose below the surface. She then stated that she attempted to resuscitate Asher until officials came.

Miller’s allegations about what happened that day altered over time, according to officials.

“Throughout the investigation, Olivia (Miller) gave varying stories of what occurred surrounding Asher’s death,” deputies stated in a probable cause affidavit published by MLive.

According to the report, investigators found data from Miller’s cellphone that appeared to contradict what she had previously told police. According to the statistics, Miller began using her phone in various capacities at 3:17 p.m. and continued to do so until she contacted 911 about 21 minutes later, with just an 18-second respite in between.

Miller texted her father four minutes before phoning 911, saying, “Just trying to talk while I have time while Asher’s taking a nap.”

Miller then reportedly called Asher’s paternal grandmother twice and informed her that the baby had drowned before dialing 911.

The county’s chief medical examiner conducted an autopsy and confirmed that Asher died from drowning. The medical examiner also assessed that the infant had been lying on his back on the floor for at least 20 minutes when police arrived at Miller’s residence.

Miller’s attorney, Frank Stanley, told Law & crime that there was “no indication of intentionality” in Miller’s conduct.

“This is a tragic situation,” he explained. “She has suffered tremendously emotionally from the death of her child — she loves that child.”

Miller is scheduled to be sentenced in early November.

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