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Daycare Owner Janna Thompson Found Not Guilty Of Death Of 3-Year-Old, Jury Reportedly Furious That They Couldn’t Convict Her

By Patricia Ramirez
Published on: 15:46 PST, Sep 4, 2016

In what some are calling the strangest verdict they’ve ever seen, daycare owner Janna Thompson was found not-guilty on all charges related to the death of 3-year-old former daycare charge Max Stephens. Janna Thompson had been charged with two counts of second-degree murder and two counts of second-degree cruelty to children after the toddler, left unsupervised at her daycare, was strangled by a piece of twine in the yard of Janna Thompson’s daycare.

Max Stephens’ official cause of death was asphyxiation following the tragic and preventable incident that took place on July 8, 2014.

According to Pete Johnson, Assistant DA and prosecutor in the case of daycare owner Janna Thompson, the child is dead solely because of the Thompson’s negligence in leaving the 3-year-old unsupervised, reports 11 Alive. According to prosecutors, at the time of the child’s death, Thompson was only allowed to have six kids at her home daycare, but she had seven.

“He didn’t deserve this. He deserved a long, happy life. Because of Janna Thompson, Max Stephens is dead.”

The jury in the trial of Janna Thompson reportedly agreed wholeheartedly with the prosecutor. However, because of the nature of the charges that the judge in the case, Judge Henry M. Newkirk, set against the daycare owner, the jury was unable to find her guilty under the law.

The not guilty verdict reportedly took the jurors roughly four hours to reach, and at about 5:00 p.m. on Friday, Judge Newkirk read the verdict to the court. Many in attendance were shocked and dismayed, particularly the prosecution in the case against daycare owner Janna Thompson. The jury was so outraged by the not guilty verdict that it allegedly felt forced to hand down that members of the jury included a statement to the judge and court along with Janna Thompson’s not guilty verdict.

“We the jury are disappointed and frustrated by the charged brought by the state. While we found the defendant negligent in leaving the children unattended, we cannot find her guilty of criminal negligence as required by the charges.”

In the case of daycare owner Janna Thompson, Judge Henry M. Newkirk decided to charge the defendant with second-degree murder under the new law, rather than involuntary manslaughter. In a case of second-degree murder, the jury would have to determine that Janna Thompson was “criminally negligent” in the death, reports MyAJC, not simply negligent.

Had Janna Thompson been charged with involuntary manslaughter, the jury would only have had to find her negligent.

“Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby.”

According to jurors, because the state didn’t prove that daycare owner Janna Thompson was “criminally negligent,” they had to find her not guilty of second-degree murder. Had she been charged with involuntary manslaughter, the state’s case against her would have been enough for a guilty verdict.

The prosecution in the case agreed with the jurors, and after the judge read the statement that they handed down with their verdict, the prosecution team added that they were disappointed in the situation as well. The prosecution in the case of daycare owner Janna Thompson was quick to add that the charges had been set by the judge himself.

“Janna Thompson was trusted to take care of children for a living. Max Stephens walked to her home and left dead because of her willful, wanton, and reckless actions.”

Janna Thompson’s defense attorney, John Garland, was thrilled with the verdict, as was his client. During the course of the trial, he had argued that Max Stephens’ death had been a “horrible tragedy.”

“This case is not about whether she was perfect, or could have done better. Even if you find she was negligent, that is not enough to convict her. Only if you find her criminally negligent is she guilty of murder.”

According to Garland, his client had “helped raise” little Max Stephens, and she had “grieved deeply” after he asphyxiated himself at her daycare when owner Janna Thompson was supposed to be watching him but wasn’t.

[Image via Alpharetta Police Department]

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