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Last updated on Friday, October 10, 2014
(INDIANAPOLIS) - The Indiana Court of Appeals issued a ruling Thursday upholding the conviction of former day care owner, Stacey Cox, found guilty of involuntary manslaughter and operating a child care home without a license, Call 6 Investigator Kara Kenney reported.
Cox filed an appeal claiming the state failed to prove in trial court that she operated a child care.
But the Indiana Court of Appeals did not buy that argument, pointing to Cox's own website that expressed she provided unlicensed services for a fee of $150 per week for full-time enrollment.
Conor Tilson, 5 months, died Jan. 24, 2013 at Stacey Cox home day care at 421 W. Main St. in Carmel.
He went down for a nap and never woke up.
A contributing factor to the baby's death was "an unsafe sleep environment on broken Pack and Play."
Tilson's mother Britney Killea told Kenney Thursday she was relieved by the Court of Appeals ruling.
"I'm obviously grateful they did, we were really worried she would have enough evidence, and I'm glad she didn't," Killea said.
"We are pleased to see that Stacey Cox's convictions were affirmed today," said Hamilton County Deputy Prosecuting Attorney Andre Miksha.
Stacey Cox was sentenced Nov. 26, 2013, and by January 2014 had left state prison and entered a Hamilton County work release program.
Cox finished work release July 28, Kenney learned Thursday.
Kenney was unable to reach her attorney, Lawrence Newman, for comment.
Indiana statute says a child care home means a residential structure in which at least six children receive care, not including children or relatives of the provider.
Conor's mother, Britney Killea, is the cousin of Stacey Cox.
"The evidence presented regarding the children that were present on the day of the offense, January 24, 2013, was limited at best," read the appeal filed by Cox. "Evidence would establish only four children that were being cared for in Cox's home for 'regular compensation' and (Indiana Code) requires that six be for regular compensation."
Court records said Stacey Cox and her daughter, Kirsten Phillips, who put Conor down for his nap, both tested positive for marijuana.
Conor's parents have filed a wrongful death suit against Phillips, Cox and the Family and Social Services Administration, the state agency that regulates day cares.
A jury trial is expected in 2015.
The Stacey Cox day care was unlicensed.
Conor's parents said they were unaware of Carefinder, the state Family and Social Services Administration website where parents can look up inspection records.
If a provider does not show up on Carefinder, they are most likely unlicensed.
When a provider operates without a license, they do not have to submit to criminal background checks, training for CPR and safe sleep, as well as drug screens.
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