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Wrongful death suit in FL

EricWI Jan 08, 2012 06:11 AM

Father of victim in killer python case files wrongful-death suit against state

The biological father of a Sumter County toddler who was bitten and strangled to death in her crib by an undernourished Burmese python in 2009 has brought a wrongful-death suit against the state Department of Children & Families.

The lawsuit alleges that the department should have done more to protect Joseph Gilkerson's 2-year-old daughter, Shaianna Hare, and that the child-welfare agency received a complaint in May 2009 that Shaianna's mother, Jaren Hare, and her boyfriend, Charles "Jason" Darnell, weren't taking care of her.

The department breached its duty to protect Hare, the complaint says, "by failing to report the presence of the Burmese python snake to the appropriate authorities who could then have determined whether the snake was properly and safely penned, and whether the presence of the snake in the home presented a danger…"

Gilkerson, 30, is from Leesburg and wasn't living with the child at the time.

DCF spokeswoman Carrie Hoeppner declined to comment Friday because of the ongoing nature of the case.

The toddler was killed in her crib by the 8-foot-6-inch snake, named Gypsy, which slithered from a glass tank in the couple's mobile home in Oxford. A medical examiner testified that the snake was trying to eat the child.

Hare and Darnell both were convicted of manslaughter for failing to protect Shaianna last year. They were sentenced to 12 years in prison.

The snake, which at 13 1/2 pounds was grossly underweight, repeatedly escaped the 200-gallon tank that had a quilt as a lid before the fatal attack on July 1, 2009.

But a DCF investigator who documented marijuana use at the home also noted that at the time of one visit the snake was housed in a different aquarium and testified during the trial that it had a locked lid.

The lawsuit says Gilkerson "suffered mental pain and suffering, mental anguish, and loss of capacity for the enjoyment of life" as a result of his daughter's death.
articles.orlandosentinel.com/2012-01-06/news/os-killer-python-lawsuit-20120106_1_charles-jason-darnell-burmese-python-snake

Replies (5)

biophile Jan 09, 2012 05:31 PM

I believe Gilkerson should sue himself for impregnating the woman and then not actively participating in her life. Those two unfortunate incidents helped lead to the death of his child. Gross child endangerment by both parents. Perhaps he should sue me for his own stupidity. He cannot be held accountable.

emysbreeder Jan 10, 2012 08:54 AM

Sence sueing is in vouge I think I should sue all government depts.trying to ban reptiles for "lack of capasity to enjoy life" VM

wireptile Jan 10, 2012 11:25 AM

I remember a case from decades ago in which a child wandered into a neighbors yard and was killed by a tethered wolf hybrid. The mother of the child sued the animals owner and the breeder of the animal. So I think he should sue everyone involved in putting that python in that owners hands-the breeder, and whoever they got the snake from, if different. They should also sue the tank manufacturer, and manufacturer of the blanket that covered the tank, for aiding and abetting.

emysbreeder Jan 10, 2012 05:25 PM

Dont forget the deep pocket,the owner of the house. You know they were renting.The table maker and the Budwisser co.and who ever sold him the weed. Sue Em

Aaron Jan 17, 2012 01:26 AM

I wonder how much rights he had to visit his child. Did the mother have sole custody? I have no problem with him suing the owners of the python as I believe they are responsible for the childs death. I don't have any specific knowledge of how much, if any, his rights to visit and.or care for his child may have been limited by the state. But if in fact the state did make a mistake in awarding custody to an irresponsible mother while he, the father was willing and able to care properly for the child, then I would also have no problem with him suing said state.
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