Toronto woman who left baby unattended in bathtub pleads guilty to manslaughter

Tajah Henry wiped tears from her face as she stood in a downtown Toronto courtroom Thursday in front of Superior Court Justice Jane Kelly and pleaded guilty to the manslaughter of her 15-month-old son Mashiach Henry, waiving her right to a trial.

It was Nov. 5, 2022, just before 4:30 pm when Henry discovered her baby boy lying on his back under the water in the bathtub of her Scarborough apartment. The then 19-year-old called 911 and told the dispatcher she had left the baby unattended in the bath.

According to an agreed statement of facts read out in court by assistant crown attorney Beverley Olesko, Henry stated at the beginning of the call that her “son drowned. My son is turning blue” as well as “he’s not breathing. He was under the water.”

Henry told the dispatcher she didn’t think her son was breathing that she didn’t know how to do CPR. As the dispatcher directed her back to her son at 2:51 into the call, Henry said “I think he’s breathing. I feeling something coming out of his nose.” Although she said he was breathing, she could not see his chest rise when the dispatcher asked.

The dispatcher said she would explain how to do mouth-to-mouth resuscitation, but Henry said she couldn’t because she was going to be sick. About 15 seconds later, she tried and the tried again and Henry said she thought she had done it successfully though there was no air going in and out. The dispatcher then started to explain chest compressions. Henry later told Police Constable Eckersall she did not do CPR because she didn’t know how and thought she was going to hurt Mashiach.

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When first responders arrived about six minutes after the 911 call was made, paramedics began CPR and continued life-saving efforts. It continued during the transport to hospital, but the baby never regained a heartbeat. Mashiach was pronounced dead at Scarborough General Hospital. His cause of death was drowning.

On the way to hospital, Henry told Eckersall that Mashiach had been sick and has symptoms including stuffiness and a cough. Henry put him in the bathtub “for the steam”. The water was warm, not hot but Mashiach did not like hot baths.

Olesko told the court reading from the facts, “She then closed the door, leaving it slightly open. She put her headphones on, they were on low, and started to clean the apartment. She went to check on him after 5-10 minutes. When she got to the tub, Mashiach was on his back, under the water.”

Forensic Identification Services (FIS) officers took photos and measurements of the water level in the tub. The tub was filled to the bottom of the overflow drain. The water level was 10.8 inches in the middle and 10.5 inches at the end. There was no mat in the tub or any type of bathing chair or support for Mashiach.

The court also heard there had been a history of safety issues with Henry and her baby.

On Nov. 2, 2021, Henry placed Mashiach on a chair while she was packing a suitcase nearby. She stepped away for one second and Mashiach slipped through the chair armrests. Henry called 911. Paramedics responded and though he appeared to be fine, the baby was taken to the hospital where he was monitored for six hours. The Children’s Aid Society was also called, and they provided Henry with a playpen to use when she needed to step away from Mashiach, who was approximately three months old at the time.

In January 2022, when Mashiach was approximately five months old, he rolled off the bed while Henry was eating lunch next to him. She again called 911. Paramedics said the baby looked fine but took him to the hospital to be seen by a doctor. The CAS was again notified. Mashiah was released from hospital with no medical concerns. Henry agreed not to leave Mashiach unattended even for short periods of time and to use the playpen if she needed to step away.

“Ms. Henry was cautioned multiple times by CAS about not leaving Mashiach unattended,” Olesko said in conclusion.

Crown attorneys have indicated they will be seeking a custodial sentence between four to six years behind bars. Janelle Belton, Henry’s defence counsel has indicated she will be asking for a conditional sentence of two years less a day.

The case returns to court in September. Tajah Henry remains out on bail until Justice Kelly delivers her sentence.