Court docs: Mom accused in baby’s death left him in bathtub unattended

SPARTA TOWNSHIP, Mich. (WOOD) — A mother facing charges in the death of her 8-month-old near Sparta gave detectives “varying stories” during the investigation, court records say.

Olivia Miller, 23, was arraigned Friday on charges of involuntary manslaughter and second-degree child abuse.

Court documents say on Nov. 22, 2023, she had called 911 saying her 8-month-old son, Asher Johnson, had drowned. After first responders attempted life-saving measures, the child was brought to the hospital, where he was pronounced dead.

Mother to face charges in baby’s drowning death

An autopsy determined he drowned, according to an affidavit.

Miller was the only person with Asher at the time. While the affidavit says her stories varied, she told detectives she had put the 8-month-old in the bathtub with a few inches of water in it. She left the water running and left the room to switch laundry.

She told detectives when she returned around five minutes later, Asher was floating face up with his face underwater. She said she tried to save his life.

Detectives believe she had been on her phone for about 20 minutes, with the longest break taking about 18 seconds, before calling Asher’s grandmother and then calling 911.

The affidavit also notes the county’s chief medical examiner believes the child had been lying on the ground for 20 minutes before deputies arrived. They got to the property seven minutes after she called 911.

Miller’s attorney, Frank Stanley, spoke with News 8 outside the courtroom Friday.

“Just because a tragic event happened, it doesn’t mean somebody’s criminally responsible for it,” Stanley said.

He told News 8 there was “no indication of intentionality.”

“This is a tragic situation. She’s suffered tremendously, emotionally from the death of her child,” Stanley said. “She loves that child. I’ve been inside that house. There are photographs all over that house of her the father, with that child.”

Miller’s next court appearance is scheduled for next month.

— News 8’s Susan Samples contributed to this report.

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