Ristau v. State
201 So. 3d 1254
| Fla. Dist. Ct. App. | 2016Background
- Defendant Anthony Ristau left his one-year-old son A.R. with a family friend (Mrs. Winters) while he went to a job interview; child was reportedly sleeping when dropped off.
- Shortly after Ristau left, Mrs. Winters found A.R. limp, unresponsive, and having breathing difficulty; neighbors and Mrs. Winters attempted to rouse him and then called 9-1-1.
- An ambulance took A.R. to the hospital where he required intubation and IV fluids, was transferred to a pediatric ICU after a seizure, and later fully recovered; doctors could not definitively diagnose the cause.
- Ristau told witnesses he did not think A.R. needed immediate care, planned to seek medical treatment after his interview, and instructed them to call 9-1-1 if the condition worsened.
- Prosecutor charged Ristau under Florida Statute § 827.03(2)(b) (willfully or by culpable negligence neglecting a child causing great bodily harm).
- Trial court denied judgment of acquittal; appellate court reviews sufficiency of evidence that Ristau acted willfully or with culpable negligence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proved Ristau willfully or by culpable negligence neglected child causing great bodily harm | State: Ristau left a seriously ill child and delayed immediate medical care, causing great bodily harm | Ristau: He reasonably believed the child was ill but not in need of immediate care, left child with capable adult, and instructed to call 9-1-1 if condition worsened | Reversed: evidence insufficient to show willful neglect or culpable negligence |
Key Cases Cited
- Arnold v. State, 755 So. 2d 796 (Fla. 2d DCA 2000) (defines "willfully" and discusses culpable negligence standard)
- Azima v. State, 480 So. 2d 184 (Fla. 2d DCA 1985) (formulation of culpable negligence as conscious act with utter disregard for safety)
- State v. Greene, 348 So. 2d 3 (Fla. 1977) (gross and flagrant negligence standard description)
- Burns v. State, 132 So. 3d 1238 (Fla. 1st DCA 2014) (similar facts; delay in calling 9-1-1 did not amount to culpable negligence)
- Ibeagwa v. State, 141 So. 3d 246 (Fla. 1st DCA 2014) (culpable negligence decided on totality of circumstances; jury question standard)
- Moore v. State, 790 So. 2d 489 (Fla. 5th DCA 2001) (contrasting case where symptoms should have put caregiver on notice requiring medical attention)