Ramos v. State
2012 Fla. App. LEXIS 9597
| Fla. Dist. Ct. App. | 2012Background
- Ramos appeals a conviction and sentence for aggravated manslaughter of a child following her infant Nathan Cook’s drowning near her apartment.
- The central issue is whether the totality of Ramos’s acts and failures to act established culpable negligence to sustain the conviction.
- Florida imposes a duty on parents to supervise and protect very young children; Nathan was 19 months old and under Ramos’s care at the time of death.
- Neighbors testified to repeated instances of Ramos’s failure to supervise Nathan, including unsupervised wandering toward a retention pond and frequent door-open episodes.
- Witnesses described Nathan wandering outside, being found near dangerous areas, and Ramos often being preoccupied, on the phone, or otherwise not supervising.
- The court held the evidence, viewed in the light most favorable to the State, created a jury question on whether Ramos acted with culpable negligence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the totality of Ramos’s conduct shows culpable negligence | Ramos's repeated failures created a pattern of indifference. | A single lapse or isolated incident cannot prove culpable negligence. | Yes; the totality supports culpable negligence and a jury question. |
Key Cases Cited
- Preston v. State, 56 So.2d 543 (Fla. 1952) (defines culpable negligence as a gross and flagrant duty violation causing injury)
- Behn v. State, 621 So.2d 534 (Fla. 1st DCA 1993) (considers totality of circumstances in culpable negligence analysis)
- Nowlin, 50 So.3d 79 (Fla. 1st DCA 2010) (existence of a jury question precludes dismissal)
- Jones v. State, 790 So.2d 1194 (Fla. 1st DCA 2001) (review under de novo standard, favorable to the State)
- Jefferies v. State, 849 So.2d 401 (Fla. 2d DCA 2003) (establishes causative link requirement for manslaughter by culpable negligence)