FERGUS FALLS, Minn. — The 13-year-old son of a day-care provider has been charged with second-degree manslaughter in the death last week of a 2-year-old girl who authorities say was injured at the center his mother ran.

The arrest, announced Thursday, prompted an outpouring of grief in this west-central Minnesota city of 14,000, where many know both families.

It's not clear how the head injury to Emily Lynn Johnson — described as a lively girl who loved to throw acorns into the lake — occurred, but the arrest in a death investigation of such a young boy is rare.

"The evidence points to an assault," said Otter Tail County Sheriff Brian Schlueter.

The home-based day-care center in rural Fergus Falls is operated by Deborah Koenig, whose husband, James Koenig, is a dentist. It is their son Zebulun Koenig — one of six children — who has been arrested, say those who know the family.

Otter Tail County officials would not name the child, citing juvenile privacy requirements.

Emily's parents are Travis Johnson, a math teacher at Fergus Falls Middle School, and Lynn Johnson. The Johnsons and Koenigs are both well respected in the community, said Fergus Falls Mayor Russell Q. Anderson.

"The whole community grieves for these people," Anderson said. "They are each a very fine family."

Family members of the Koenigs and Johnsons declined to comment Thursday.

Emily was taken to the hospital June 16 after the sheriff's office received a call that a 2-year-old was breathing but would not wake up. She died Saturday at MeritCare Children's Hospital in Fargo, N.D. An autopsy determined she died of a head injury.

Zebulun Koenig was arrested Tuesday and was being held in a juvenile facility. He was charged Wednesday with second-degree manslaughter, Otter Tail County officials said.

Assistant Otter Tail County Attorney Michelle Eldien said the files in the case are sealed because the case involves a juvenile under age 14. Authorities can't disclose the facts leading to the charge, and even the final disposition of the case will be confidential.

According to Minnesota law, second-degree manslaughter occurs when a person creates an unreasonable risk and consciously takes chances of causing death or great bodily harm, or when there is child endangerment or neglect causing death. The case will remain in juvenile court, say those familiar with state law. The earliest age to certify a suspect as an adult is 14.

On Thursday evening, a steady stream of family and friends, sharing hugs and tears, attended a visitation and prayer service at a Fergus Falls funeral home for Emily. The Johnson family asked the news media that they be allowed to grieve in private. The funeral for Emily is today.

Zebulun Koenig swims, takes music lessons and plays Little League baseball, said parents of teammates gathered for a game Thursday night at a Fergus Falls ball field. Their own children had heard about the charges against one of their teammates and expressed shock, they said. James Koenig coached his son's team, the Orioles.

The case "is a shock for the community entirely," said a teammate's mother.

The teenager "always had a smile on his face. He was kind of shy, but if you said, 'Hello,' he would say, 'Hi.' "

"You hope it was an accident," she added.

Dee Gilbertson, who lives next door to the Johnsons, described Emily as a happy child "who had a smile for everyone."

"I would stand in my window and watch her run and play," Gilbertson said. "She was a little small, but she was so full of energy."

The Johnsons had a play set and swing set in their yard, and when Gilbertson's 3-year-old grandson visited, he was always welcome in the neighbors' yard, she said.

The Johnson family's obituary for Emily tells of "her gentle spirit and her kind heart."

The obituary said she "amazed everyone with her smarts, her passion, and her willingness to learn."

It also noted Emily "loved the outdoors, especially the lake, where she enjoyed finding acorns and throwing them into the water."

The Koenig day care, located on South Woodland Drive just north of the Fergus Falls city limits, was shut down this week pending the investigation. A man who identified himself as a grandfather said the family had been instructed by an attorney not to comment. The large lawn surrounding their one-story home included a swing set, basketball hoops, tree swings, a playhouse and rocking horses. A fleet of tricycles lined the interior garage wall.

Deborah Koenig has been a licensed family child-care provider for 15 years, according to the Minnesota Department of Human Services. Her license was renewed in 2004 and was scheduled to expire in December, though a temporary suspension was ordered Monday.

Under the license, she can provide day care in her home for as many as 14 children, though she would be required to have a second caregiver on duty if the number topped 12 children.

Otter Tail County officials investigated a complaint regarding supervision three years ago, but the complaint was unsubstantiated, according to state records.

Neighbors described the Koenigs as upstanding members of the community and said their children have been good students and athletes.


http://www.grandforks.com/mld/grandforks/14886359.htm

That is just sad...I hope it was an accident also.

i hope so too Frogfish although it does sound odd how she got those head inhuries (i hope this hasn't been posted before either )

Well, once I watched the maury show and it was all about abusive babysitters. At least none of the babysitters on that show killed anyone, but this kid is a real idiot. You really can't trust anyone can you?