Atwater mother convicted of felony child endangerment in toddler’s death

Levi Klaas was just 2 years old when he was left alone in a bedroom for more than half a day. When his mother finally checked on him, he’d been dead for at least eight hours.

Levi was killed in March 2014 when a dresser fell on him, possibly as he attempted to climb it, investigators said. His mother, Amanda Klaas, had been granted full custody of the boy just six days earlier.

On Wednesday, a Merced jury found the 22-year-old woman guilty of a single felony count of child endangerment in connection with the toddler’s death. The decision followed a weeklong trial before Judge John D. Kirihara.

Klaas, who has no prior criminal record, faces up to six years in prison when she is sentenced Feb. 15, but also could receive probation without time in custody.

Levi was left alone in a bedroom of Klaas’ home in the 1100 block of Vine Street in Atwater for at least 17 hours, according to police and prosecutors. He was found dead the morning of March 4, 2014.

The day before, Klaas said, she had taken the pain killer Vicodin and smoked marijuana. Two police officers who went to the home after the boy was found dead testified they smelled burned marijuana in the home, although Klaas denies using any substances that day.

Klaas told investigators she’d left Levi in the bedroom sometime Monday afternoon and then took a nap. She woke up later, watered her marijuana plants and then returned to bed some time before midnight, authorities said.

She told police she was in the habit of “partying” on the weekends and sleeping a lot during the week to recover, authorities confirmed.

Defense attorney Angelica Lozano-Quintero said Klaas often let Levi sleep in the room undisturbed. The door to the room “was a noisy door,” she said, so Klaas would check on him by listening for any noise without actually opening it.

She awoke about 10:30 a.m. and discovered Levi pinned under the dresser. Experts testified that Levi had been dead at least eight hours.

Klaas had been awarded full custody of Levi just six days before his death, according to Merced Superior Court records, which also showed that she had been granted permission to change the boy’s last name to Klaas from Perkins.

Klaas lived apart from the boy’s father, Curtis Perkins, before Levi’s death and had filed two restraining orders against him, court records show.

Perkins could not be reached for comment Thursday.

Nicole Silveira, the supervising deputy district attorney who prosecuted the case, told jurors Levi’s death was not just the result of one accident. She argued it was the tragic consequence for a child who essentially was deserted and left in a dangerous home.

“There were loose electrical cords hanging within reach attached to large appliances that easily could’ve been pulled down, dried dog droppings on the floors, a chain saw in the living room and the dresser wasn’t attached to the wall in the bedroom,” Silveira said Thursday in a telephone interview.

She also noted that a small bag of marijuana was left out in the living room as well.

“Her whole house presented a situation that is dangerous for a child,” the prosecutor said. “This wasn’t an isolated incident. It was about her poor level of care for Levi overall.”

Silveira said the case was an important one and “we wanted a jury made up of her peers from the community to decide what the right thing to do was.”

Lozano-Quintero and fellow defense attorney John Garcia said Levi’s death was a terrible tragedy, but not the result of criminal negligence.

“We don’t believe it rose to the level of criminal child endangerment,” Lozano-Quintero said in a telephone interview. “It was an accident and it was ruled an accident by the coroner. And, while we don’t believe the evidence substantiated the charge, we do respect the jury’s decision.”

Lozano-Quintero described Klaas as a “loving mother who continues to grieve over the loss of her son every day.”

“We knew from the beginning that this was an emotional case,” she said. “And we understand the community is going to have strong feelings about this, but we hope those emotions don’t overshadow the fact that she is a grieving mother who loves her son. As a mother, I have no doubt of her love for her child.”

Family and friends have described Klaas as a hardworking and dedicated single parent who was caring for her child while taking community college classes.

Efforts to reach Klaas, who remains free on bail, or her family were unsuccessful Thursday.

This story was originally published January 19, 2017 at 5:12 PM with the headline "Atwater mother convicted of felony child endangerment in toddler’s death."