A Florida woman and former babysitter, Terry McKirchy, has been sentenced to three years in prison for causing the death of a man she injured when he was a baby 40 years ago. On August 21, 2024, McKirchy, now 62, was found responsible for the death of Benjamin Dowling, who died at age 35 in 2019 from injuries sustained as an infant under her care.
In 1984, Benjamin Dowling, then just five months old, was left in the care of McKirchy, who was 22 at the time. While under her supervision, Benjamin suffered a severe head injury. His parents immediately noticed something was wrong when they picked him up and rushed him to the hospital, where doctors diagnosed him with a brain hemorrhage caused by shaken baby syndrome.
After a lengthy investigation, it was determined that McKirchy had shaken the infant, causing the injury, although she consistently denied any wrongdoing. Despite pleading guilty in 1985 to injuring Benjamin, she had maintained her innocence. During the recent court proceedings, Benjamin’s mother read an excerpt from a journal she kept 40 years ago, recalling the moment she picked up her son from McKirchy’s home in suburban Fort Lauderdale.
Benjamin Dowling, died at age 35 in 2019
“He was sitting in the car seat, whiter than a ghost, fists clenched, moaning and gazing into space. He didn’t know who I was. I knew something was wrong, and I got out of there as soon as I could,” she read.
Benjamin’s mother revealed that upon taking him to the hospital, doctors suspected severe trauma and called the police. She emotionally stated, “Benjamin’s short 173 days, five months and three weeks of life as a normal child were over.”
McKirchy had previously taken a plea deal in 1985, pleading no contest to attempted murder. Due to her being six months pregnant with her third child at the time, she received a reduced sentence of weeks in jail followed by probation, instead of the expected 12 to 17 years in prison. She claimed she accepted the deal to move on with her life and be with her children.
When Benjamin died in September 2019, medical reports directly linked his death to the injuries sustained in 1984. In 2021, prosecutors charged McKirchy with first-degree murder, but she ultimately accepted a plea deal, pleading guilty to a lesser manslaughter charge.
During Wednesday’s hearing, Benjamin’s mother shared how their family and community worked tirelessly to provide him with a fulfilling life despite his limitations. She recounted how he missed out on typical childhood experiences like attending school, prom, and having relationships. “Benjamin never enjoyed a traditional school setting, never went to a homecoming dance, senior prom, or graduation. He never drove a car, had a girlfriend, or got to play with his sister or brother. Benjamin was never able to say he loved his mother, father, or any member of his family,” she said.
As part of the plea agreement, McKirchy wrote a letter of apology, which was read aloud in court by her lawyer. The letter stated: “I recall being extremely overwhelmed and exhausted while looking after all the children in my home, and it was in this state, out of impulse and anger, that I struck Benjamin while he and other children were crying. Your lives, Benjamin’s life and wellbeing were all harmed by me. For that, I am truly sorry.”
