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May 25, 2005

Mom gets probation in child’s drowning case

By SARAH LEMON
Mail Tribune

A mother whose 13-month-old daughter drowned in a fountain at Callahan’s Lodge must serve probation for negligently causing the child’s death.

Kayla Christine LeMaster, 22, of Grants Pass, pleaded guilty Tuesday in Jackson County Circuit Court to a charge of criminally negligent homicide. The district attorney’s office moved to dismiss charges of second-degree manslaughter, child neglect and criminal mistreatment in exchange for LeMaster’s plea.

LeMaster’s daughter, Janayah, drowned on Oct. 5 after falling into a water feature at Callahan’s, south of Ashland on Interstate 5. The child made her way to the 1-foot-deep fountain when her mother fell asleep on the hotel’s lawn. The family’s car broke down near Callahan’s during a return trip to Grants Pass from Southern California, police said.

While LeMaster slept, her boyfriend, 30-year-old Jeremy Crozier, napped in the car. He said he woke to LeMaster’s screams upon finding her daughter dead.

"There’s such a fine line between what’s an accident and what becomes criminal negligence," LeMaster’s attorney Lisa Greif told the court.

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Using drugs several days before Janayah’s death contributed to LeMaster’s fatigue and negligence in the case, deputy district attorney David Hoppe told the court. Hoppe refused to say what drug LeMaster and Crozier had taken. Police said the substance was methamphetamine, which can cause users to "crash" after long periods of no sleep.

LeMaster was eight months pregnant when Janayah drowned. The infant — now about six months old — was taken into protective custody and is living with his aunt and uncle in Grants Pass, said LeMaster’s mother, Cheryl Chance, of Merced, Calif. LeMaster has completed parenting and drug-treatment classes in an effort to regain custody of the child, Chance said.

Circuit Court Judge Ray White ordered LeMaster to complete three years of probation, ruling that such a sentence would be more effective than prison and better promote the community’s interest. LeMaster spent more than two weeks in jail before bailing out following her Jan. 5 arrest.

Reach reporter Sarah Lemon at 776-4487, or e-mail slemon@mailtribune.com




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