A Macomb County judge has upheld child-abuse charges against a woman in connection with a fire at her Eastpointe home that killed her two children and a niece who were home alone.
Judge James Maceroni said it remains a question of fact whether Amber Swain, 29, should be convicted of three counts of second-degree child abuse because she was so reckless in leaving the children home alone for more than three hours during which they died. The charges are punishable by up to 10 years in prison.
Killed in the March 2018 fire were Brendon Mahone, 9, his brother, Zyahir Swain, 8, and the boys' cousin and Amber Swain’s niece, Madison Swain, 4.
Maceroni says in a six-page, Oct. 3 opinion that leaving the children home alone “could be viewed as reckless behavior as she knew of the existence of a risk of harm and disregarding that knowledge and risk for leaving the children home alone.”
The judge refutes Swain’s defense attorney, John Dakmak, who contends that Swain could not have foreseen the house fire. Maceroni says the mere act of leaving the children home for that long could be seen as reckless, the standard for second-degree child abuse.
“The issue is whether it was foreseeable that the harm could befall the children if left home alone for a period of three hours,” the judge wrote.