Daycare owner, daughter convicted of reckless conduct in death - CBS46 News

Daycare owner, daughter convicted of reckless conduct in child's death

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Jazmin Green, victim Jazmin Green, victim

A daycare owner and her daughter have been convicted on misdemeanor charges of reckless conduct in the death of a 2-year-old girl.

Clayton County jurors heard closing arguments Friday in the trial for Marlo Fallings and her daughter Quantabia Hopkins.

The were both charged with the murder of Jazmin Green, who was found dead in the daycare center's van.

Fallings is the former owner of Marlo's Magnificent Early Learning Center near Jonesboro. Her daughter, Hopkins, worked there.

According to testimony, Jazmin was left behind after she and other children returned to the daycare center after a field trip to Chuck E. Cheese on June 20, 2011.

Clayton County prosecutor Deah Warren told jurors Fallings and Hopkins' actions were negligent.

"They got back from that field trip and left that baby in that van for three hours," said Warren.

Clayton County Police Officer Matthew Simons testified that he spoke with Hopkins in the lobby of the facility after paramedics had taken the girl to a hospital. 

"She told me that she located Miss Green unconscious," said Simons.

Simons said Hopkins told him they performed CPR on the girl for about 10 minutes as they waited for paramedics.

The temperature outdoors was in the mid-90s that day.

Neither defendant chose to testify.

Hopkins' attorney, Andre Johnson, told jurors what happened was an accident, not murder and not a criminal act.

"When a tragedy happens, those things in and of themselves are not crimes," said Johnson.

Fallings and Hopkins were acquitted of the murder charge. Both were convicted of reckless conduct and contributing to the deprivation of a child. Hopkins was also found guilty of involuntarily manslaughter. According to their attorneys, the charges they were convicted of are misdemeanors.

Fallings and Hopkins will be back in court on May 2 for sentencing.

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