Advertisement

Babysitter arrested in death of 2-year-old boy in Zephyrhills train accident

 
A 2-year-old boy and his 26-year-old babysitter were struck by a CSX train in the Zephyrhills area near Pattie Road and Paul S. Buchman Highway on Dec. 12. The babysitter was arrested Wednesday on a charge of aggravated child neglect with great bodily harm, according to the Pasco County Sheriff's Office. [ANASTASIA DAWSON | Times]
A 2-year-old boy and his 26-year-old babysitter were struck by a CSX train in the Zephyrhills area near Pattie Road and Paul S. Buchman Highway on Dec. 12. The babysitter was arrested Wednesday on a charge of aggravated child neglect with great bodily harm, according to the Pasco County Sheriff's Office. [ANASTASIA DAWSON | Times]
Published Jan. 19, 2017

ZEPHYRHILLS — It's been five weeks since two adults and two young children found themselves in the path of a freight train on top of a trestle overlooking the Hillsborough River.

Each adult grabbed a child. One pair managed to jump 8 feet into the water below, according to the Pasco County Sheriff's Office, while the other pair didn't.

The train struck Heather Henderson, 26, while she held 2-year-old Hunter Fink, deputies said. Both were injured. The boy was later pronounced dead at a hospital.

Pasco Sheriff Chris Nocco called it a "tragedy" when the incident took place on Dec. 12. But on Wednesday his agency arrested Henderson on a charge of aggravated child neglect with great bodily harm.

Sgt. Dean Quinlan said the Sheriff's Office decided to arrest Henderson because as the babysitter she was supposed to be watching over the two children but took them onto the tracks. Detectives interviewed her, talked to witnesses, reviewed the physical evidence and received the autopsy report.

"She was culpably negligent," Quinlan said. "Her actions resulted in the death of a child. Meaning the tracks are clearly marked, the train comes through there all the time. It weighs several tons. There's no reason for a child to be on those tracks."

The train had left Tampa and was heading north to Georgia. The sergeant estimated it was going around 40 mph when the conductor spotted the group at about 11:30 a.m.

The conductor sounded the whistle and tried to stop, deputies said, but it was too late. The train had 133 cars and was about a mile long.

Henderson suffered a broken arm and head trauma. The other adult, Cody Williams, 27, was able to jump into the water with 4-year-old Madison Fink, the sister of the child who died. Williams and the girl suffered minor injuries.

Williams could still face charges himself, the sergeant said, but not the same neglect charge because he was not in custody of the children.

"But in all honesty, he saved that child," Quinlan said.

Williams could not be reached for comment.

The incident took place along a rural stretch east of Paul S. Buchman Highway, between Pattie Road and Jerry Road just north of Crystal Springs. Locals frequently walk along the 200-foot long trestle, the sergeant said, but are also aware of the dangers of doing so.

That knowledge also played a role in the decision to arrest the babysitter.

"It goes without saying the train tracks are clearly marked no trespassing," Quinlan said. "They're from that area. There's been train incidents before. They know the damage a train can cause. And yet they brought two small children onto that tracks into harm's way."

He said the Sheriff's Office did not consult with the Pinellas-Pasco State Attorney's Office before deciding to arrest Henderson. There was also no surveillance footage available.

Keep up with Tampa Bay’s top headlines

Keep up with Tampa Bay’s top headlines

Subscribe to our free DayStarter newsletter

We’ll deliver the latest news and information you need to know every morning.

You’re all signed up!

Want more of our free, weekly newsletters in your inbox? Let’s get started.

Explore all your options

The agency considered a manslaughter charge, Quinlan said, but the neglect in this case "fit the statute better."

"Everyone in the area knows that you're not supposed to be on those tracks," he said. "She's from that area. Everyone in that area knows trains come through quite often."

The sergeant said Henderson wept when she was arrested. He said she was remorseful.

Henderson was watching the two children because she's a friend of the father, Ryan Fink. The family of the children could not be reached for comment, but the sergeant said they supported the decision to arrest her.

"They feel that justice has been served," Quinlan said.

Henderson was booked into the Land O'Lakes Detention Center, where she was being held Wednesday in lieu of $10,000 bail.

Times senior news researcher John Martin contributed to this report. Contact Josh Solomon at (813) 909-4613 or jsolomon@tampabay.com. Follow @josh_solomon15.