Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:02):
On April twenty fifth, twenty twenty four, at three point
thirty seven pm, a desperate nine one one call came
in from Liberty Township, Indiana. First responders arrived to find
ten year old Dakota Levi Stevens unresponsive on the ground,
no pulse, not breathing. Officers took over CPR from someone
already trying to revive him, but his condition was critical.
(00:25):
He was airlifted to a children's hospital in South Bend,
only to die two days later. On April twenty.
Speaker 2 (00:31):
Seventh, Welcome to Love and Murder Heartbreak to Homicide were
Kai's AI co hosts Jessica Jensen and Jane here to
bring you another midweek mini case that Kai wrote. Take
a break, settle in, and stick with us until the
very end. If you find these retold cases interesting, make
(00:52):
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(01:14):
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Love and Murder. Now, let's get back to your midweek
mini case.
Speaker 1 (01:27):
Dakota, a ten year old foster child, was four feet
ten inches and weighed just ninety pounds. He'd spent nearly
five years moving in and out of foster homes both
him and his sister. This occurred after their father died
in twenty twenty one and their mother gave up her
parental rights. Relatives tried to adopt both children, but were unsuccessful.
(01:50):
Now they're left remembering Dakota as a sweet, smart and
loving boy who loved to explore and hunt for bugs.
His cousin, Kim Snell said, quote every bug that he saw,
he wanted to explore it, and when he grabbed it,
he was like, uncle LEVI is here. His former foster dad,
Hayden Hertzel, posted on Facebook in April, quote, the system
(02:12):
definitely failed you, my son. I love you, I love you,
I love you. In contrast, Jennifer Lee Wilson, his foster mother,
was forty eight years old, stood four feet eleven inches
and weighed three hundred forty pounds. She had only been
Dakota's caretaker for about a month at the time of
his death. That afternoon, Jennifer told police that Dakota had
(02:33):
been acting bad all day. He had refused to do
chores and eventually left the house. He walked a few
blocks to a neighbour's home and begged her to adopt him,
telling her his quote parents hit him in the face
and didn't let him call his caseworker. The neighbor saw
no visible injuries, but described a scared boy. When Jennifer
(02:56):
showed up to get him, She told the woman to
mind her own business and drove Dakota back home. Back
at the house, Dakota refused to get out of the car.
When he finally did, he screamed that he was leaving again.
Jennifer tried to stop him. She later told investigators she
wasn't sure if she had tackled him or if they
(03:16):
both fell, but she admitted her intention was to restrain him.
Her ring doorbell camera captured what happened next, and the
video revealed more than she admitted. The footage showed Jennifer
lying across Dakota's midsection, near his neck and head. At
first Dakota fought back, flailing and screaming, trying to free himself.
(03:37):
Jennifer admitted she stayed on top of him for about
five minutes, even calling his caseworker during that time to
quote calm him down. She told investigators that she quote
eventually got out of breath due to her weight. Two
separate clips together lasting about seven minutes, showed Jennifer on
top of Dakota as he went still. When he stopped moving,
(03:58):
she asked, quote, are you faking? After getting no response,
she rolled him over, saw the pale eyelids, began CPR,
and called nine one one. At the scene, police noted
bruises on Dakota's lower neck and chest. The autopsy later
showed the extent of his injuries, organ and soft tissue damage,
(04:19):
hemorrhaging in his liver and lungs, severe brain swelling, and
prolonged oxygen deprivation. The cause of death was listed as
mechanical asphyxia. The manner of death was reported as homicide.
Police said that Jennifer was visibly distraught at the scene.
She screamed Dakota's name before telling officers quote, I was
laying on him and he was acting bad. Still, investigators
(04:43):
took their time building the case. They used license plate
reader data to locate and arrest her on July thirteenth,
twenty twenty four. Two months later, with overwhelming evidence, especially
the ring footage and the autopsy, Jennifer pleaded guilty to
reckless homicide in October twenty twenty four. By January seventeenth,
(05:05):
twenty twenty five, Judge Michael Bergerson sentenced her to six
years in prison with one year suspended, followed by one
year of probation.
Speaker 2 (05:15):
I'm not here expecting forgiveness. If the roles were reversed,
I can't say I would be able to forgive the
person responsible for the death of my loved one. I
am deeply saddened and sorry for my role in this
horrible tragedy.
Speaker 1 (05:30):
The maximum penalty for reckless homicide in Indiana is six
years in prison and a ten thousand dollar fine. Family
members describe the sentencing as a start toward justice, painful
but necessary. His cousin Logan Mills, said.
Speaker 3 (05:47):
We are pretty happy with the result. It doesn't bring
him back, but it's a start.
Speaker 1 (05:52):
Morley Paris, another cousin, said.
Speaker 2 (05:55):
I just wanted to say thank you to the courts
for listening to us.
Speaker 1 (05:58):
A third cousin, Mary Snell, said.
Speaker 2 (06:01):
She's taken a big part of us away from us.
She got to live her life for another nine months
after his death.
Speaker 1 (06:07):
His foster grandfather, Joe Hetzel said.
Speaker 3 (06:10):
It gives us a little closure, but will never heal.
He will always be in our hearts and in our minds.
Speaker 1 (06:16):
Still, even in sentencing questions. Linger DCS had placed Dakota
in Jennifer's care only a month before. His siblings were
also under her supervision, and both were removed following his death.
Dakota's death stands as another reminder of how fragile the
foster care system can be and how easily children slip
(06:39):
through its cracks. For Hayden, Hertzel, and others who loved Dakota,
the sense of loss is permanent. As Hayden wrote, quote,
the system definitely failed you.
Speaker 3 (06:50):
This was a devastating case, and of course people had
a lot to say about it. Kai pulled some of
those reactions from around the web and we're going to
share a few with you. The first comment says that
there are far too few people willing to be foster parents. Unfortunately,
that means the state will give kids to pretty much
anyone willing to do it. Worse yet, a good amount
(07:10):
of those willing participants do it for the money and
not the kids. Another commenter said, as a licensed ex
foster parent, I'm now retired, I am surprised that she
only received six years. To qualify as a foster parent,
you must attend training and you sign a lengthy contract
with your state that specifically prevents you from exercising physical
(07:31):
restraint or punishment, and all inappropriate behavior on the part
of the foster child is to be immediately reported to
child Services and, if necessary, the police. This crime should
have received more than just a slap on the wrist.
A third comment said he suffered organ and soft tissue damage,
liver and lung hemorrhaging, and other injuries. She literally crushed
(07:54):
his organs. How evil. When I was a kid, if
I got in trouble, my mom dad would paddle my
butt and it was over and we moved on. It
hurt a little, but was very effective and in no
way abusing. Basically, I got busted, paid the price, and
me and my loving parents moved on. And the final
comment we're going to read today says the judge should
(08:17):
be disbarred six years for killing a child by laying
her butt on this little guy. She should have a
life sentence. He asked for help. Way too many foster
parents are abusive and are just in it for the money.
Just check the news. Every time I hear of children
being starved or lock in their room with a mattress
full of feces, I wonder what is wrong with our
(08:40):
child protective service? And that's the last comment. What did
you think of this case and what others had to
say about it? Let me know your thoughts and the
comments below.
Speaker 2 (08:50):
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(09:13):
and helping their stories be heard. Thank you for listening
all the way to the end. Thank you for your support,
and we'll see you in the next episode of Love
and Murder.