A 24-year-old mother from Michigan has been sentenced to less than a year in prison following the tragic drowning of her infant son, who was left unattended in the bathtub for 20 minutes while she was on the phone.
A judge in Kent County has sentenced Olivia Elizabeth Miller to one year in a state correctional facility following the drowning of 8-month-old Asher Johnson. Miller received credit for 246 days already served.
On Wednesday, Miller was sentenced following her no-contest plea in October to a charge of involuntary manslaughter related to her son’s death. Prosecutors have decided to drop an extra charge of second-degree child abuse as part of the plea deal reached.
According to earlier reports from Law&Crime, the incident was revealed on November 22, 2023, when Miller contacted 911 around 3:38 p.m., informing the emergency dispatcher that her son had drowned in the bathtub at her residence located in the 4600 block of 16 Mile Road Northwest, as reported by Grand Rapids NBC affiliate WOOD.
Upon arrival, first responders discovered the infant on the floor and immediately initiated lifesaving measures. He passed away at a hospital.
Miller informed detectives that she had put her son in the bathtub, which had a few inches of running water, and then stepped into the next room to change the laundry. She stated that she came back after roughly five minutes to discover her son floating face up in the water, with his mouth and nose submerged. She mentioned that she attempted to revive Asher until help arrived.
Authorities stated that Miller’s account of the events from that day evolved over time.
“Throughout the investigation, Olivia (Miller) gave varying stories of what occurred surrounding Asher’s death,” deputies wrote in a probable cause affidavit.
Investigators found data on Miller’s cellphone that seemed to contradict her statements to the police, according to the report. According to the data, Miller started using her phone at 3:17 p.m. and continued to use it without interruption, except for a brief 18-second pause, until she made a 911 call approximately 21 minutes later.
Miller allegedly texted her dad about four minutes prior to calling 911, saying, “Just trying to talk while I have time while Asher’s taking a nap.”
Miller allegedly contacted Asher’s paternal grandmother twice, informing her that the baby had drowned prior to her calling 911.
The county’s chief medical examiner performed an autopsy and found that Asher died from drowning. The medical examiner estimated that the infant had been on his back on the floor for at least 20 minutes before authorities reached Miller’s home.
Miller’s lawyer, Frank Stanley, emphasized to Grand Rapids, Michigan’s ABC affiliate WZZM that it is crucial to note there was “no indication of intentionality” concerning Miller’s actions.
“This is a tragic situation,” he said. “She has suffered tremendously emotionally from the death of her child — she loves that child.”