Sentenced: Michigan City Parents Charged In 2022 Death Of 3YO Daughter

[Sugar Cookie]

The parents of a 3-year-old girl who died after she was pulled from a LaPorte County lake back in May 2022 have been arrested and charged in her death.

Police received a call on the morning of May 12, 2022, about Ivy Allen, a 3-year-old girl with non-verbal autism who had wandered away from her home and was missing.

After an intensive search for Ivy began, she was found unresponsive in Clare Lake, which is a short distance from her home.

Ivy was pulled from the water and first responders immediately started to perform life-saving measures until she was taken to the hospital. Medical professionals worked for hours, but they were unable to revive her.

Police in Michigan City continued to investigate after Ivy passed away. Upon the completion of their investigation, both of her parents, who have been identified as 35-year-old Andrew Allen and 33-year-old Breanne Smith, were charged with neglect of a dependent resulting in death.

MSN

 

[Sugar Cookie]

Ivy Allen

 

[Sugar Cookie]

Ivy

 

[Sugar Cookie]

BREANNE N SMITH
Earliest Possible Release Date* 08/16/2027

Date of Sentence	12/07/2023
Description	NEGLECT OF A DEPENDENT W/ SERIOUS INJURY
Term in Years / Months / Days	06​ 00​ 00000​

Projected Release Date

08/16/2027

The father of a young autistic girl who drowned after wandering away from home in Michigan City will not serve time in prison.

Andrew Allen, 35, was ordered to spend two years on probation and perform 100 hours of community service under terms of a plea agreement. He was sentenced August 10 after the guilty plea negotiated by prosecutors and the defense was accepted by La Porte Superior Court 1 Judge Jamie Oss.

Originally, Allen was facing a potential 20 to 40 year sentence when charged in February with level 1 felony neglect of a dependent causing death. He was convicted of level 6 felony neglect of a dependent.

In his client’s defense, attorney Jesse Harper said research shows autistic children have a tendency to wander away especially toward bodies of water and can be difficult to stop. Harper also thanked the La Porte County Prosecutor’s Office for taking those findings into account in their plea negotiations.

“I have to give really a lot of credit to them for their recognition to what a tragedy it was and to be willing to be open and receptive to the nature of children on the autism spectrum and, frankly, just how incredibly hard it can be to keep those children who do tend to elope from eloping,” he said.

Sentencing for Autistic Daughter's Drowning

(Michigan City, IN) - The father of a young autistic girl who drowned after wandering away from home in Michigan City will not serve time in prison. Andrew Allen, 35, was ordered to spen...

hometownnewsnow.com

 

[GoneWest]

So the dad got probation and the mom got 6 years in prison or am I reading that wrong?

 

[Sugar Cookie]

So the dad got probation and the mom got 6 years in prison or am I reading that wrong?

@GoneWest

According to court documents, Allen told police he was sleeping when the girl disappeared while Smith claimed she went to a bedroom while Ivy was in the living room watching TV, police said.

Smith said it was about 15 minutes later when she noticed the patio door open. Emergency responders were called about three hours after the parents failed in their efforts to locate the girl, according to court documents.

Authorities said there was a history of the girl leaving the home unattended, which drew the attention of the Indiana Department of Child Services.

A few months prior to her death, IDCS gave the parents an alarm system designed to go off when a door opened at their residence.

The alarm was hooked up when the girl walked out. It didn’t work, though, because the system was not properly installed, police said.

La Porte County Prosecutor Sean Fagan said the plea agreement was reached because the evidence leans toward the girl’s mother as being more of a factor in the tragic outcome.

He said Allen also helped strengthen the case against Smith by revealing some of the happenings inside the home in the days, weeks and months prior to the girl’s death.

“There’s a lot of elements on the record that were established regarding drug use, timing and responsibility that we felt did not so much point to Mr. Allen,” he said.

In 2016, Smith delivered a baby testing positive for THC, the active ingredient in marijuana, according to court documents. Five years later, police said Smith gave birth to another child testing positive for THC and Subutex.

The baby also exhibited signs of withdrawal from Subutex often used to treat heroin and other forms of opiate dependence, authorities said.

About a month after the drowning, police said Allen tested positive for amphetamines and methamphetamines. The same drugs along with THC were also found in Smith’s bloodstream, police said.

Allen and Smith have two other young daughters, one with autism and the other with spina bifida.

Currently, Harper said the girls are under the guardianship of Allen’s parents and his client is doing what child welfare authorities expect of him in order to regain custody.

He said Allen will also have to complete any classes or therapy deemed necessary while on probation.

Sentencing for Autistic Daughter's Drowning

(Michigan City, IN) - The father of a young autistic girl who drowned after wandering away from home in Michigan City will not serve time in prison. Andrew Allen, 35, was ordered to spen...

hometownnewsnow.com

 

[hiitsme]

Sickening