A Washington state mother has been charged with first-degree manslaughter after prosecutors allege her 2-year-old son with Down syndrome drowned face-down in a bathtub while she was talking on the phone and tending to her other children, according to charging documents obtained by CrimeBytes.
Background
Nakeeya Arbogast, 25, lived in Seattle with her three children, including the victim who prosecutors say suffered from significant developmental disabilities. The child could not walk, crawl or sit independently without support, functioning at a level equivalent to an 11-month-old, according to charging documents. He was described as relatively nonverbal and limited to saying 'momma,' 'dadda' and crying.
On July 9, prosecutors allege Arbogast placed her son face-down in a bathtub filled with water before leaving him unattended. She told police she stepped out of the bathroom to change her other children's diapers and prepare a snack for one of them. When she returned, she found the boy floating unconscious in the water, not breathing.
The Investigation
According to charging documents from the King County Prosecuting Attorney's Office, Arbogast admitted during police interviews that she was on the phone with the father of her children while her son was drowning. That contact violated an active domestic violence no-contact order restricting their communication.
Prosecutors say investigators tested the bathtub and determined it took at least 14 minutes to fill completely. Arbogast told police she was distracted for only three to six minutes, but authorities believe her son was likely underwater alone for more than 14 minutes.
Officers responding to the scene found the bathroom floor still wet and the tub water level 'only inches from the top of the bathtub,' according to charging documents. The boy was rushed to Seattle Children's Hospital with brain injuries caused by drowning. He died two days later, prosecutors say.
Doctors determined the child suffered a severe hypoxic brain injury. 'As the water filled the tub around [the boy's] tiny body, he was unable to do anything to save himself from drowning,' charging documents state. 'The defendant left [her son], who was completely physically helpless, in the tub face down.'
Police say Arbogast gave conflicting statements about whether she was speaking on the phone with her children's father and initially provided officers with a cellphone not seen in body-worn camera footage. Investigators later recovered a different phone following her arrest that matched what officers observed on video.
The Charges
Arbogast has been charged with one count of first-degree manslaughter involving domestic violence. Prosecutors cite two potential aggravating factors: the child's vulnerability due to developmental disabilities and the offense occurring within sight or sound of another minor child in the home.
According to prosecutors, Arbogast had previously threatened her children's father, allegedly telling him she would kill their kids if he ever left her. She has denied making those statements and denies any intent to harm her son.
Key Takeaways
- The 2-year-old victim had Down syndrome and could not walk, crawl or sit independently without support
- Arbogast was on the phone with her children's father despite an active domestic violence no-contact order restricting contact
- Investigators determined it took at least 14 minutes to fill the bathtub; prosecutors believe the child was underwater alone for more than 14 minutes
- The boy died two days after being rushed to Seattle Children's Hospital with severe hypoxic brain injury from drowning
What's Next
Arbogast is being held on $1 million bail. She faces a charge of first-degree manslaughter involving domestic violence, which carries potential aggravating factors that could enhance sentencing if she is convicted. No court date has been set as of publication.