Boy, 13, charged in Fergus Falls toddler's death

FERGUS FALLS, MINN. - A 13-year-old boy has been charged with manslaughter in the death of a 2-year-old girl whom he allegedly assaulted in the home of a day care provider a week ago. She died of a head injury.

"What happened to her would take one huge blow," Assistant Otter Tail County Attorney Michelle Eldien said on Thursday, adding that she could not say whether the girl was hit more than once.

A poster board with photos of the smiling little girl was displayed at the Olson Funeral Home on Thursday afternoon, as family and friends gathered to grieve the death of Emily Lynn Johnson.

"It's a pall over the whole town," said Guy Olson, the funeral director.

Law enforcement authorities received a 911 call about 3:30 p.m. June 16 that the 2-year-old was lying in a bedroom where she had been put down for a nap.

She was breathing but unresponsive in the day care.

She died Saturday at MeritCare Children's Hospital in Fargo, N.D.

The 13-year-old boy was interviewed by detectives, said Otter Tail County Sheriff Brian Schlueter, who declined to give details about the incident, the boy's name or his connection to the day care provider.

Eldien said that because the boy is 13, rather than 14, he can be tried only as a juvenile under state law.

If he were convicted, he could be imprisoned or institutionalized, but he would have to be released at 19.

"This is about a culpable negligence, with a reasonable likelihood of death to another person," she said.

Asked whether the death was an accident, she said, "He had some intent. He knew that there was a risk of the child's death, or he should have known. In that sense it was not an accident. There was definitely an assault."

She said details of the incident could not be made public because the suspect is a juvenile.

The boy was arrested Wednesday and made his first appearance in juvenile court Thursday. He remained in custody at a Moorhead, Minn., juvenile detention center.

David Hauser, Otter Tail county attorney, said he could not discuss this particular case. But in general, Hauser said, if a juvenile pleads guilty, he would be sentenced, and if the juvenile denies the charges, a trial would be held.

According to state Department of Human Services and Otter Tail County records, the day care run by Deborah Koenig has been licensed for 15 years and has never had its license suspended or revoked. It is licensed to handle 14 children.

In that time, officials have investigated three complaints about supervision, in 1991, 1999 and 2001. Only the 1999 complaint was substantiated.

Authorities closed the day care provider Monday.

Tragedy rocks town

The tragic death and suspicions about the 13-year-old's involvement were on the minds of many in Fergus Falls on Thursday.

Emily's father, Travis Johnson, returned to the community a few years ago to teach seventh- and eighth-grade math at Fergus Falls Middle School.

"This whole situation has rocked our community big time," said Roger Olson, who taught Johnson as a middle-schooler and now is one of his math department colleagues. "He's had a tremendous amount of support. The funeral is [Friday], and it'll be big."

Olson's son, Steve, graduated Fergus Falls High School with Johnson, and later was his roommate as both attended St. Cloud State University. They now teach at the same school, Steve Olson said.

Steve Olson said the couple, whose only child was Emily, is doing "as well as can be expected."

"Both parents were very proud parents," Steve Olson said. Emily's mother, Lynn, works in food service, he said.

He described Emily as a very vibrant 2-year-old, whom he and many others often saw scampering around at her father's baseball games.

"She'd run down to the fence and yell, 'Daddy, Daddy, Daddy!' " he said. "And [Travis] would walk over and say, 'Hi', and tell her to get her fingers from out of the fence."

Said Roger Olson: "You really want to pray for both sets of families."

The Johnsons couldn't be reached for comment.

Fergus Falls school board member Tarma Carlson said, "I think everyone was just shocked at the situation, and very sad. It's just so heartbreaking, and not anything anyone would have dreamt would happen."

Day care in home

The day care provider has a home on the outskirts of Fergus Falls. It is a rambler-style house, with a sandbox, swings and a multitude of children's toys on the front lawn.

Two individuals who answered the Koenigs' door said they were grandparents and said the family was out of town and they had no comment.

Danette Palmer, a neighbor, described the family who ran the day care as "very nice, very good neighbors" who had never been a problem.

Originally, authorities had planned to charge the teen with assault but changed it to manslaughter after obtaining more information.

Schlueter, the sheriff, said Emily "died from a head injury, and some other information we gathered led us to re-interview the 13-year-old male, and he was placed under arrest."

He said the day care center is regulated and licensed by Otter Tail County Human Services.

Eldien said that psychological experts would evaluate the boy. If he is found guilty, the experts will make recommendations about how he should be treated. If he were 14 years old, rather than 13, there would have been "strong consideration" to certify the boy as an adult.

A funeral service for Emily will be held today at 11 a.m. at Bethlehem Lutheran Church in Fergus Falls.

Staff writer Jean Hopfensperger contributed to this report. Rfurst@startribune.com • 612-673-7382 mcaul@startribune.com • 612-673-7646