Jessica Tata

Background

Jessica Tata was a Houston home day care owner who fled to Nigeria after a fire at her home day care killed four children and injured three others. She returned to the United States and remained jailed.

Tata fled to Nigeria on Feb. 26, two days after a fire at the home day care killed four children and injured three others. After returning to the U.S., she faced charges in connection with the deaths and injuries from the fire.

Tata was born in the U.S. but had Nigerian citizenship.

The offence

A fire broke out in the kitchen when oil in a frying pan on a stovetop burner ignited. Investigators said Tata left the children home alone and unsupervised while she went shopping at a nearby Target.

Elias Castillo, 16-month-old, died in the fire. Elizabeth Kojah, 20-month-old, died. Kendyll Stradford died in the blaze; she was 20-month-old. Shomari Dickerson died in the blaze; he was 18-month-old.

Authorities said Elias Castillo was one of seven children whom Tata left unsupervised at her home while she went to a nearby Target store.

Investigators said Tata left several babies unattended on separate occasions, including an incident where a 7-year-old helped out by giving pacifiers or bottles “so they don't cry.”

Prosecutors said there were three other children seriously injured in the blaze, and that Tata still faced additional counts related to those deaths and injuries.

Investigation

Investigators said the fire was believed to have been started by a stovetop burner that had been left on, with oil left unattended on the kitchen stove.

Surveillance video was presented during Tata’s trial showing her shopping at Target just before the fire occurred. A former Target manager told jurors Tata did not seem to be in a hurry after realizing she had left the stove top burner on while the kids were at the day care.

Neighbors testified that they heard the children crying during unsuccessful attempts to rescue them from the blaze.

Firefighters testified that Tata made the scene more confusing when she told emergency personnel that nine children were trapped in the building, when there were only seven. Prosecutors said that all of the children had been pulled from the home in the first 10 minutes, and that firefighters continued searching for two more victims, needlessly endangering their lives.

Cpt. David Swanson told jurors:

"It's very stressful. You're going into an environment that's not conducive to life," Swanson said the heat at ceiling level was 475 degrees and that the black smoke was so thick they had to search for the children by feeling their way around with their hands.

Legal experts said that if prosecutors could prove the deaths occurred because she abandoned the children to go shopping at a nearby Target, they did not need to prove intent to harm to secure a murder conviction.

Arrest

Tata fled to Nigeria after the fire.

On March 22, 2011, Tata returned to the U.S. and was taken to the Harris County Jail early Tuesday morning after returning on a flight from Nigeria to face charges. She was arrested Saturday in Port Harcourt, Nigeria by Interpol and U.S. Department of State Diplomatic Security Agents. She departed Lagos, Nigeria on Sunday.

A private plane carrying Tata landed at Hooks Airport in Houston early Tuesday morning, and U.S. Marshals drove Tata to the Harris County Jail inmate processing center in downtown Houston. Two dozen law enforcement officers surrounded the jail as three vehicles pulled up carrying Tata and the deputies.

The U.S. Marshals Service led the search for Tata and placed her on the 15 most wanted fugitives list with a reward of up to $25,000.

Geoffrey Shank, U.S. Marshals Service Acting Assistant Director of Investigative Operations Division, said:

“When Jessica Tata chose to flee from the consequences of her actions that left four innocent children dead, we made her capture a top priority” He said it to KHOU.

After Tata was processed, she was expected to be placed in a single cell for her safety at the Baker Street Jail.

Trial

Tata was on trial for felony murder connected with the death of 16-month-old Elias Castillo. She faced up to life in prison if convicted of felony murder for the death of Elias Castillo.

Tata was indicted on nine charges, including four counts of felony murder. She was being tried on one of the murder counts for Elias’ death.

Prosecutors opened by arguing betrayal and trust, and Steve Baldassano said:

“You are going to hear about trust and betrayal...and how the betrayal of the trust led to the deaths of four innocent, helpless children,” Tata’s attorney, Mike DeGeurin, said Tata had no intention to cause harm.

During the punishment phase of the trial, prosecutors argued Tata was an irresponsible day care owner who left the children she was caring for alone on multiple occasions and who ran an unclean facility. Tata’s family and friends told jurors she was a good person who loved kids and asked the jury for mercy.

Tata’s attorneys argued she never intended to hurt the children. They argued she tried to save them.

In the punishment phase, prosecutor Steve Baldassano said the argument about the evidence did not require proof of intent to harm, and explained that under Texas law a person could be convicted of felony murder if an underlying felony and that action led to the death.

Witness testimony and evidence

A Target store manager told jurors that Tata left the gas on while she went shopping. Prosecutors said Tata left the children alone on February 24, 2011 while she visited two stores that day, first Walmart and then Target, and that the day care caught fire while she was gone.

The manager testified he told Tata she could fill out a survey to make a formal complaint, but she told him she did not have enough time. The manager also said Tata told him she left grease on the stove, that it was on low, and that the kids were at the house. The manager testified Tata asked if he thought it was alright, and that he told her it was "by no means" alright.

Prosecutors said after leaving Target, Tata went to a Starbucks. When she pulled up to the home, smoke was billowing from the windows and the children were trapped inside. Tata called 911 and managed to get two kids from the house.

Two seven-year-old girls Tata had cared for told jurors that on separate occasions the woman left several babies unattended.

Kiyana Richardson testified that on one occasion Tata left her alone in the house with several babies and the 7-year-old helped out by giving them their pacifiers or bottles “so they don't cry.” The incident’s timing was not specified for Kiyanna.

Brighten Long, who was enrolled with her brother at Tata’s day care, told jurors Tata once took her and several other children to eat at a McDonald's but left some babies alone in her home. Prosecutors said this happened in July or August 2010.

Defense attorneys presented expert testimony and argued faulty kitchen equipment may have sparked the fire. An engineering expert testifying for the defense, Richard Bonyata, testified Wednesday that evidence he reviewed suggested the stove was off at the time of the fire and that damage to the refrigerator suggested it could have been the source of the blaze. Earlier, engineering expert David Reiter testified for prosecutors that the stove was on during the fire.

During Tata’s trial, prosecutors rested their case Thursday and prosecutors presented evidence that included surveillance video of Tata shopping at Target around the time of the blaze. Defense attorneys began their case in the punishment phase Friday.

Sentencing

On November 19, 2012, Tata was sentenced to 80 years in prison for her felony murder conviction in the death of 16-month-old Elias Castillo.

Along with the prison sentence, Tata was ordered to pay a $10,000 fine.

Tata still faced three more counts of felony murder in relation to the other children who died, and three counts of abandoning a child and two counts of reckless injury to a child in relation to three who were hurt.

Appeals

No appeals were described.

Outcome

Tata was found guilty on one count of felony murder for the February 2011 death of 16-month-old Elias Castillo.

Aftermath

After the fire, Tata initially told investigators she was in the bathroom when the fire started in the kitchen, but investigators said Tata had left the children alone in the house while she went shopping at Target.

Tata showed no emotion most of the day during the trial, but wiped away tears during testimony from Betty Ukera. Ukera and Tata had met in church in 2007 and were friends. Ukera cried when she told jurors about the last time she saw her daughter alive, when dropping her off at the day care. Ukera said:

“They walked away from my car. (Elizabeth) turned, waved at me. She would walk a little bit and wave at me,”

Kenya Stradford said:

“It's heartbreaking. She's a baby. She didn't know,” Stradford’s 20-month-old daughter Kendyll died in the blaze.

Keshia Brown testified and said the day care’s Christian learning environment reassured her. Brown said:

“She seemed like a nice person, knew what she was doing,”

Tata’s family spoke publicly for the first time on Monday after the fire. Josie Tata said:

“Since the accident, my family has never been the same, and I don't think we'll be the same because it's very horrible,” Josie said she had not talked to her daughter since Friday.

Ron Tata said:

“We feel very, very bad for what happened to the families,” He said: “We love them and we pray for them every single day. We are opening up a benefit account.”

Shomari’s grandmother, Tracy Storms, told KHOU:

“I'm sorry, no there's no forgiveness for anyone who makes an income watching children and has an audacity to leave them for one second,” Storms believed Tata should face capital murder charges.

During the aftermath reporting about injuries, doctors were unable to save Shomari, 20-month-old Elizabeth Kojah, 20-month-old Kendyll Stradford, or 18-month-old Elias Castillo. Shomari’s 2-year-old sister, MaKayla, was one of two children still hospitalized at Shriners Hospital for Children in Galveston. A hospital spokeswoman, JoAnn Zuniga, said Sunday that both remained in critical but stable condition but were showing signs of improvement. Dr. David Herndon, the Shriners Hospital chief of staff, said:

“we are very hopeful for full recovery of patients who have these types of injuries.”

Other details

Tata left the children while she went shopping at Target; prosecutors said she disputed the price of a pair of pants at the time smoke and fire was sweeping through the house.

Prosecutors said Tata initially lied on the scene saying the fire started while she was in the bathroom, refusing to admit that she left the kids by themselves. Prosecutors also said she later pretended to not know what happened and ate and watched television while being protected by her family members at the hospital.

Tata was returned to the U.S. in March 2011 and remained jailed since returning.