ALPHARETTA, Ga. — The grandfather of a toddler who died after an incident at an Alpharetta home day care tells Channel 2 Action News he's angered by a plea offer prosecutors made to the former day care owner.
Investigators said Max Stephens died last July after his neck got caught in a piece of twine as he went down a slide on a playground at an Alpharetta home day care.
Stephens' family later removed him from life support after doctors deemed he was brain dead.
State investigators determined Janna V. Thompson was in violation of state law when she left Max and two other kids alone on a playground while she disciplined another child inside and made a phone call.
Prosecutors eventually charged Thompson with two counts of second- degree murder and two counts of child cruelty in Max's death.
"He was my buddy," a tearful Wayne Stephens told Channel 2's Mike Petchenik.
Stephens said he had a special bond with his grandson, whom he visited at least once a week.
"He was a rough-and-tumble little boy who could tackle his 8-year-old sister and knock her down and at the same time hold his little brother's hand," he said.
Stephens still recalls the day last July when he last saw Max as his mother prepared to take him to day care. He said Max grabbed his leg and hugged it.
"He wants to say bye. I pat him on the head and I said, 'I'll see you tomorrow and we'll go to grandmom's house,'" he said. "Four hours later he was virtually dead."
Thompson's attorney, Ed Garland, told Petchenik he strongly believes in Thompson's innocence and said he doesn't believe prosecutors should have ever charged her with a crime.
"It was an accident for which she's not accountable," Garland said Monday.
Prosecutors charged Thompson under a new law that went into effect just days before Max's death. Prior to the second-degree murder law, those accused in similar crimes were likely charged with involuntary manslaughter, which allows a maximum prison sentence of 10 years on a conviction. The sentence for a second-degree murder conviction ranges from 10 to 30 years, the Atlanta-Journal Constitution previously reported.
"If there was ever a case that was made for the new law, this was the case," he said.
Stephens said prosecutors promised him they wouldn't go lightly on Thompson, who is accused of failing to supervise the children.
But Stephens said that on July 1 prosecutors with the Fulton County District Attorney's Office informed the family they would offer Thompson a plea deal that would get her just one year in prison, plus probation.
"He is worth more than one year and 10 years probation, and he meant more to all these people than will ever be known," Stephens said tearfully. "I think they're devaluing my grandson and they're devaluing the process because that was put in place for exactly this purpose."
Petchenik reached out to the Fulton County District Attorney Paul Howard's Office for comment on Stephen's concerns. They sent a statement saying:
“In the matter of State v. Janna Thompson, trial has been specially set for October 2015. In the interim, the Fulton County District Attorney’s Office is continuing discussions with the victim’s family regarding all relevant details concerning the case. We believe the proper forum to resolve this matter is in the courtroom through trial or some other appropriate disposition. Thus, we look forward to a successful completion of this matter. ”
A spokeswoman for Howard previously told Petchenik no deal had been struck and that a trial is set for October.
Garland told Petchenik his client is still contemplating her options in the case and has not decided whether to accept any plea offers.
Stephens said if she accepts any plea it should be for more time in prison.
"I would have liked for them to offer the lowest amount, 10 years, and I think that was being merciful by offering that," Stephens said.
WSBTV
