Olivia Miller appearing for her arraignment (WZZM: YouTube screenshot)
A 23-year-old mother in Michigan is facing multiple felony charges in the death of her infant son, who drowned after she allegedly left him alone in the bathtub for at least 20 minutes while she was on her cellphone.
Olivia Miller was taken into custody on Thursday and charged with one count of homicide — involuntary manslaughter and one count of second-degree child abuse in the death of 8-month-old Asher Johnson, court records reviewed by Law&Crime show.
Miller at about 3:38 p.m. on Nov. 22, 2023, called 911 and told the emergency dispatcher that her son had just drowned in the bathtub of her home located in the 4600 block of 16 Mile Road Northwest, Grand Rapids NBC affiliate WOOD reported. Upon arriving at the scene seven minutes later, first responders located the infant lying face up on the floor and began performing lifesaving procedures. The boy was then transported to Helen DeVos Children’s Hospital where doctors pronounced him dead.
In a subsequent interview with detectives, Miller reportedly said that she had placed her son in the bathtub that was filled a few inches with the water flowing, then went one room over to change the laundry. She claimed she returned after about five minutes to find her son floating faceup in the water with his mouth and nose beneath the surface. She then said she tried to resuscitate Asher until authorities arrived.
However, over time, Miller’s claims about what took place that day allegedly changed.
“Throughout the investigation, Olivia (Miller) gave varying stories of what occurred surrounding Asher’s death,” deputies wrote in a probable cause affidavit obtained by MLive.
According to the report, investigators obtained data from Miller’s cellphone that appeared to undercut what she had been telling police. The data reportedly said Miller began using her phone in various capacities at 3:17 p.m. and that she used the device continuously — taking only a single break that lasted 18 seconds — until she called 911 21 minutes later.
About four minutes before calling 911, Miller reportedly sent her dad a text message that read “Just trying to talk while I have time while Asher’s taking a nap.” Miller then reportedly called Asher’s paternal grandmother two times and told her the body had drowned before she called 911.
An autopsy conducted by the county’s chief medical examiner determined that Asher’s cause of death was drowning. The medical examiner also estimated that the infant had been lying on his back on the floor for a minimum of 20 minutes before authorities arrived at Miller’s home.
Miller is currently being held at the Kent County Jail. She appeared for her arraignment on Friday where she pleaded not guilty to all charges, Grand Rapids, Michigan, ABC affiliate WZZM reported.
Miller’s attorney, Frank Stanley, told WZZM that it was important to point out there was “no indication of intentionality” regarding Miller’s actions.
“This is a tragic situation,” he said. “She has suffered tremendously emotionally from the death of her child — she loves that child.”
Footage from the hearing provided by the station showed that Miller was clearly emotional and crying throughout the proceeding.
Miller set up a GoFundMe account following Asher’s death which had earned about $4,500 as of Friday.
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