Jul 08, 2021

Hays daycare provider faces manslaughter charge from 2013 incident

Posted Jul 08, 2021 10:22 AM

By JAMES BELL
Hays Post

A former daycare provider in Hays has been charged with one count of involuntary manslaughter stemming from an incident in 2013 in which an 8-week-old baby died.

"It's alleged there was an unintentional killing due to recklessness," said Ellis County Attorney Robert Anderson Jr.

The charges were related to the death of an infant on Aug. 10, 2013, at the Michelle Sarver Day Care Home.

According to an emergency order of suspension from the Kansas Department of Health and Environment at the time of the incident, a nearly 8-week old infant was propped up by pillows and a blanket for a nap on a bed in the daycare and left unattended for around 30 minutes.

The infant was then found on its stomach unresponsive.

At that time, CPR was initiated by Sarver and emergency medical personnel were contacted.

The infant would be transported to HaysMed and later Wesley Medical Center in Wichita, where the infant died.

Anderson said almost immediately after taking office, he was asked to review the report.

"I reviewed the report and decided that this charge should be filed," Anderson said.

Sarver was served by summons and is not currently in custody. Under Kansas law, involuntary manslaughter is a level five person felony.

Anderson said the charge should not be considered an assumption of guilt.

"The charge is merely an accusation and the defendant is presumed innocent until and unless proven guilty," he said.

A preliminary hearing has been scheduled for 1:30 p.m. on Aug. 17.