Indiana foster mom who weighs 340lbs learns fate after she sat on boy, 10, for 'acting bad' and killed him
A foster mother has been jailed for five years for squashing a 10-year-old boy under her 340lbs bulk for seven minutes until he died.
Jennifer Lee Wilson, 49, killed Dakota Levi Stevens in a twisted 'punishment' after he ran away and begged a neighbor to save him from her abuse.
The boy ran to his neighbor's on April 24, telling the homeowner that his foster parents hit him and wouldn't let him speak to his caseworker.
But only a few minutes after asking the neighbor to adopt him, Dakota was dragged back to Wilson's home in Liberty Township, Indiana, when she arrived.
Once they got home, Wilson lay on top of Dakota as he screamed - until his cries fell silent and he suffocated.
Dakota was pronounced dead at a South Bend hospital two days later, and an autopsy determined he suffered organ and soft tissue damage, liver and lung hemorrhaging, and other injuries.
The St Joseph County Coroner's Office ruled Dakota's death a homicide, with a manner of death of mechanical asphyxiation.
Senior Judge Michael Bergerson sentenced Wilson to five years behind bars and another year on probation on reckless homicide charges in Porter Superior Court.
Dakota Levi Stevens, 10, was pronounced dead at a South Bend hospital two days after his foster mother laid on top of him for about seven minutes
Jennifer Lee Wilson, 49, was sentenced to five years behind bars and another year on probation on reckless homicide charges
The sentence was more than the standard three years for a level 5 felony, and more than either the defense or prosecution asked for.
Deputy Prosecutor Mary Ryan requested two years in prison, two in home detention and one year on probation, while Wilson's lawyers wanted no jail time - just three years home detention and two on probation.
'He's pronounced dead from asphyxiation, a 10-year-old boy, who this court will not ignore, as he was ignored by the defendant,' Judge Bergerson told the court.
'Obviously she applied more force than was necessary and that created the circumstances that led to his death.'
Judge Bergerson said Wilson violated the trust inherent in her role as a foster mother, and was talking on her phone 'with callous disregard' for Dakota as he died.
'All the while this beautiful boy was crying for his life - crying for his life - the defendant is just completely oblivious that she had just killed a foster child,' he said.
'It's hard to think of a more egregious set of circumstances.'
Judge Bergerson said mitigating factors like Wilson's remorse and lack of criminal history 'have to be discounted by the overwhelming proof of guilt in this case'.
Family members have said he and his younger sister were removed from their biological parents' house because of their parents' drug use when Dakota was just five years old
The court was crammed with 'Dakota's army' of supporters, along with numerous members of her biological family, who cheered after the sentencing.
Dakota's aunt, Ana Parrish-Parker, gave a victim impact statement describing how she had custody for a year before Wilson.
Her sister, Dakota's mother, had the child removed from her care when he was five due to her drug addiction, and his father died of an infection related to his drug use.
Parrish-Parker was able to adopt Dakota's younger sister, but the boy was taken from her by the state after she refused demands to increase their therapy schedule.
She said the children were already dealing with a demanding therapy schedule and adding more to it would leave them 'no time to enjoy being a child'.
Other relatives offered to take Dakota in, but were denied by the state. Instead, he bounced around the system and mental health facilities.
The family only learned Dakota died via a Facebook message from one of his foster parents several days afterwards.
'Seeing your family suffer and knowing you can't do anything is very despairing. It brings you to the lowest of lows,' Parrish-Parker tearfully told the court.
'We were not able to be there to hold his hand... His death was completely avoidable.'
Wilson claimed Dakota had 'verbal and physical aggression issues'
Parrish-Parker told the Chicago Tribune after the sentencing that jailing Wilson was 'the very first step in our hearts coming together'.
'There was a total sense of peace that Levi was not ignored. Levi was here,' she said.
Wilson also spoke at her sentencing, addressing Dakota's supporters directly and acknowledging they wouldn't forgive her, often sobbing as she spoke.
'I cannot ask you for forgiveness because I cannot say for certain I would forgive someone who was responsible for the death of my loved one,' she said
'Because of this tragedy, you lost him all over again. I am deeply saddened for the role, my role, in this horrible tragedy.
'Just as each of you wanted a loving and supportive environment for Dakota, so did I. Never in a million years could I imagine I would be the person responsible for his death.'
Wilson's husband Robert Wilson told the court his wife was holding Dakota down by his legs at the time because she feared he would harm himself - as he had in the past.
Wilson earlier claimed the boy had 'verbal and physical aggression issues.'
The couple were ready to relinquish their foster license because their three other children - former foster children whom they adopted - were older and they wanted to travel.
But they agreed to take Dakota in last April - days before he was killed - because they provided respite care for him two years earlier.
A police affidavit states Wilson was 'visibly distraught' when deputies arrived to her house on April 25, and found the boy not breathing and without a pulse on the ground
Wilson told police that Stevens woke up on April 24 agitated after being told not to run in the house while playing Nerf guns with the other children.
She said she told Dakota and the other children they could go outside to play after they finished their chores, but he refused and stormed off.
At first, she said she planned to give him time to cool off, but when she realized he was not in the backyard she got in her car to track him down.
Wilson then found him talking to the neighbor, who told the foster mother that the boy asked her to call the cops.
But Wilson later told police she told the neighbor to mind her own business, according to court documents.
She then forced Dakota to get into the car with her and brought him back to her home. Wilson claimed he then tried to run away again.
Wilson told police she did not remember whether she tackled the boy or if they both fell to the ground 'however, her intention was to hold him'.
For the next several minutes, Wilson video chatted with Dakota's caseworker, who she said tried to calm the boy over the phone - though he would 'flail and move around'.
Wilson also had a conversation with her husband through their doorbell camera as she 'laid on [Dakota's] midsection' near the driveway.
She told her husband Dakota was having 'one of his days'.
After several minutes, Wilson got off the boy - telling police she got out of breath due to her weight - and noticed he was not moving.
She then told Dakota to get up and asked 'are you faking?'
'She then rolled [Dakota] over and it appeared his eyelids were pale,' court documents explained.
'She then began CPR and called 911.'
The St Joseph County Coroner's Office determined Dakota died of mechanical asphyxiation
Deputies from the Porter County Sheriff's Department arrived at the house at around 3.37pm for a report of an unconscious 10 year old who was not breathing.
They found Dakota on the ground near the driveway, where someone was administering CPR.
Dakota was not conscious, not breathing, and had no pulse at the time, and an officer 'observed that the juvenile had bruising [on] his lower neck and chest area'.
A police affidavit stated Wilson was 'visibly distraught' when the deputies arrived and told them that Dakota had just run away to a neighbors' house but was still 'acting up' and threw himself on the ground, saying he was leaving.
'Wilson stated that she laid on his midsection and called his caseworker,' the affidavit stated.
'Wilson stated he eventually stopped moving and she thought he was faking.
'She advised that she laid on him for approximately five minutes.'
During the ensuing investigation, police obtained copies of Wilson's camera footage, which they said began with her already lying across the boy - near his head and neck.
Throughout the 20-second video, Dakota was screaming, the court heard.
He was 'still crying and screaming' in the next 20-second video, and in a third Wilson could still be seen on top of him - this time near his buttocks.
Dakota's arms were above his head in that video, and he 'did not move' for the entire six-minute, 48-second clip.
Meanwhile, Wilson could be heard saying, 'I was laying on him and he was acting bad'.
Dakota was initially transported to Northwest Health Porter for treatment, before being airlifted to South Bend Memorial Hospital.
A doctor at Northwest Health later told police he had 'severe swelling in his brain, which would be consistent with deprived oxygen for an extended period of time'.
'He didn't deserve this. He was better than a lot of people here,' Nicole Rubalcava, Stevens' aunt, said at his private funeral, according to the Tribune.
'Even if he battled this stuff, this kid's heart truly was not made for this world.
'He taught me so much, he truly did, and I didn't think a kid could teach you stuff like that.'
Wilson was licensed as a foster parent since 2017 and was in good standing before Dakota's death, 'having completed the required training and education required to achieve and maintain licensure,' officials with the Indiana Department of Child Services told the Tribune.
Her license was eventually revoked on June 30.
The court was crammed with 'Dakota's army' of supporters for Wilson's sentencing
Dakota's obituary, where he was called Levi, the middle name his family used more than his first name, explained he 'marched to the beat of his own drum'.
'He absolutely loved the outdoors. Many insects and frogs were caught by him on his bug hunting expeditions,' it read.
'He had a love for sharks and believed he would discover a new species, Lego, where he could build anything, Minecraft, his Pokemon cards, and his tablet.
'He loved to use his imagination and believe me when I say, he had a very creative imagination.
'Levi loved to read and make up his own stories and even act them out. He was a little performer in front of any camera. He loved to sing and dance quirky at any given moment.
'He loved to play board games and believed he truly won every time.'
Dakota was also extremely artistic and loved drawing and coloring, and excelled at maths at school, the obituary read.
'Pretty sure he gave his teachers and staff a run for their money. (If you know, you know),' it continued.
'Despite it all, his favorite teacher, Mrs Tarnowski stood by his side and was a huge inspiration to him.'
