“The evidence clearly demonstrates she knew of the risk posed to K.O.A. by leaving him unsupervised in the bath and did so anyway.”
A Seattle mother has been charged after prosecutors say she left her 2-year-old son, who had Down Syndrome and significant developmental disabilities, face down in a bathtub with the water running before leaving to tend to her other children and speak on the phone. Her son fatally drowned as a result.
King County prosecutors charged 25-year-old Nakeeya L. Arbogast with first-degree manslaughter in connection with the death of her son, identified in court documents as K.O.A. The charge includes domestic violence allegations as well as sentencing enhancements alleging the toddler was particularly vulnerable and that the offense occurred within sight or sound of the couple's other minor children.
According to charging documents obtained by The Post Millennial, the incident occurred on July 9 at the family's Northgate apartment. Prosecutors allege Arbogast placed KOA face down in the bathtub, turned on the water, and walked away.
"K.O.A. is diagnosed with Down syndrome and is unable to crawl, walk, or remain seated by himself without the support of a vest," prosecutors wrote in a bail memorandum. "On that night, as the water filled the tub around K.O.A.'s tiny body, he was unable to do anything to save himself from drowning."
Court records state Arbogast told investigators she left the bathroom to change the diapers of her two other young children and prepare a snack. She also admitted she was on the phone with the children's father, despite an active domestic violence no-contact order prohibiting communication between them.
Investigators said Arbogast initially estimated she had been away from the bathroom for between two and six minutes. However, Seattle Police crime scene testing determined it would have taken approximately 14 minutes to fill the bathtub to the level where she found her son floating.
According to the probable cause statement, KOA had severe physical and developmental delays. Arbogast told detectives he functioned at roughly the developmental level of an 11-month-old, could not walk, crawl, or stand unassisted, was largely nonverbal, and required ongoing physical therapy and specialized equipment to help him sit and eventually learn to stand. She also acknowledged she previously used a special bath chair for him but had stopped because she said it was uncomfortable.
The child was rushed to Seattle Children's Hospital after first responders performed prolonged CPR. Doctors determined he had suffered catastrophic hypoxic brain injuries caused by the submersion. He died two days later, on July 11.
Prosecutors argue Arbogast understood the danger of leaving her son unattended. "While it is common sense and known by every competent parent that you do not leave a child in a bathtub unattended, the defendant's actions and statements clearly demonstrate she knew death could result by leaving her developmentally disabled son face down and unsupervised in the bathtub," the state's bail memorandum states.
The state is also seeking to keep Arbogast's bail at $1 million, arguing she poses both a danger to children and a risk of interfering with the investigation. Prosecutors allege she attempted to mislead investigators by turning over a broken, inoperable cellphone during the investigation while denying she had been speaking with the children's father. Detectives later recovered a different phone matching the one seen in responding officers' body camera footage.
The charging documents further state that investigators interviewed members of the children's paternal family, who said they had previously heard Arbogast threaten to kill her children during arguments with the children's father. Arbogast denied ever making such threats during police interviews.
Prosecutors wrote that although Arbogast maintains she did not intend to kill her son, "the evidence clearly demonstrates she knew of the risk posed to K.O.A. by leaving him unsupervised in the bath and did so anyway."
Libby’s Desk
Commentary and must-reads from Libby’s desk, straight to your inbox.
TPM Newsletter
The Post Millennial’s top stories, delivered to your inbox.
