Gage Conley, 6 mo old, died of severe burns after rolling off a bed & got trapped on top of a baseboard heater. Father, Stevie Conley, got 7 years for Involuntary Manslaughter.Rader, 28, convicted of reckless homicide & involuntary manslaughter.Released!!

Point of view article

Mother’s Trial Begins in Burnt Baby’s Death

Article by: Jim Konkoly

On the night of January 27, 2005, Gage Conley, six-month old baby died of severe burns after rolling off a queen size bed, and getting trapped on top of a baseboard heater. There is physical evidence that Radar Hodge, 22, smoked marijuana that night. It is hard to tell if the baby’s cries were muffled. The question is: Should Radar be charged for homicide, or was it an accident? In the end, Gage’s father, Stevie Conley, was sent to seven years in prison for involuntary manslaughter.

Not Guilty:

I believe that the case should be counted as an accident. There is not evidence that the baby even cried out, and if he did, what evidence is there that the cries weren’t muffled. It was not recklessness, a baby just fell out of bed, and there was a baseboard heater below. Dr. Stewart Ryckman, Richland County coroner, listed Gage Conley's death as an accident.

From the moment he was born, Radar was Gage’s caretaker. Would a mother really murder her 6-month old child? There was a drape found near where the child was burned, and there was question of whether it could have muffled the cries. It was very possible that Gage leaned in to the drape, and that the parents could not hear the cries. When Crow, a burn specialist, examined Gage’s body, he was asked if he had ever seen a baby’s death from burns from a baseboard heater. He answered, “No.”

Guilty:

How is it an accident? A 6-month old baby was burned to death on a baseboard heater! The baby was left alone for twelve hours before his mom came and checked on him, lying dead at the foot of her bed. Doctors confirmed that if Gage Conley was found and brought to the hospital within the first half hour, he would have probably lived. Yet, the parents didn’t come and save his life.

Radar also had two other children. When investigators came to their room, they were shocked. The children were living in filth. Any mother that would let her children live in that dirty room would be capable of murdering her six-month old child. I believe that the parents of those children should be charged with reckless manslaughter.

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Camden Gage Conley

NOVEMBER 20, 2009
David and Shadra Conley and Aubree of Evening Shade have announced the birth of a son and brother at White River Medical Center on Nov. 16, 2009. The baby weighed 7 pounds, 5.1 ounces and has been named Camden Gage Conley.

Grandparents of the child are Amanda Wilson, Randall and Jennifer Wilson, David and Cindy Conley and Lynn Ward.

Great-grandparents are Autry and Sandra Arnold, Sheilda Wilson, Darrell and Carol Cates, Press and Rosemary Conley, Murline Williams and Don and Montana Williams.

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Involuntary manslaughter; child endangerment.

[Cite as State v. Conley, 2006-Ohio-4793.]

COURT OF APPEALS RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT

STATE OF OHIO JUDGES:

Hon. John W. Wise, P. J.

Plaintiff-Appellee Hon. W. Scott Gwin, J.

Hon. John F. Boggins, J. -vs-

Case No. 2005 CA 0129 STEVIE K. CONLEY

Defendant-Appellant O P I N I O N

CHARACTER OF PROCEEDING: Civil Appeal from the Richland County Court of Common Pleas, Case No. 2005- CR-398H

JUDGMENT: Affirmed

DATE OF JUDGMENT ENTRY: SEPTEMBER 5, 2006

APPEARANCES: For Plaintiff-Appellee For Defendant-Appel ant

KIRSTEN L. PSCHOLKA-GARTNER RANDALL E. FRY Asst. County Prosecutor 10 West Newlon Place 38 South Park Street Mansfield, Ohio 44902 Mansfield, Ohio

Richland County, Case No. 2005 CA 0129 2

Boggins, J.

Appellant appeals the December 6, 2005, decision of the Richland County Court of Common Pleas, finding him guilty of involuntary manslaughter.

STATEMENT OF THE FACTS AND CASE

Appellant Stevie K. Conley was charged with one count of involuntary manslaughter, with the underlying offense being child endangering, for the death of his six-month old son Gage Conley.

Prior to his death, six-month-old Gage Conley lived with his mother, Elizabeth Rader, and his sixteen-month-old brother, Valik Conley, in Apartment 38 at the Shelby Villa Apartments in Shelby, Ohio. His father, Appellant Stevie Conley (hereinafter "Appellant"), visited the apartment on a daily basis, and stayed overnight at least four nights a week.

On January 27, 2005, Appellant, Elizabeth Rader, and the two children had driven to Greenwich, Ohio to rent movies. They then returned to Ms. Rader's apartment for the evening. The children were put to bed in the apartment's only bedroom at around 9:00 p.m. Sixteen-month-old Valik was placed in the crib so that he would not get out of bed and disturb his parents. Six-month-old Gage was laid on the queen sized adult bed. Pillows, blankets, and stuffed animals had been placed around him in an attempt to keep him from rolling off of the bed.

After the children were put to bed, the Appellant and Ms. Rader watched movies. They also smoked a marijuana joint. According to Elizabeth, Valik woke up at around 1:00 a.m. on January 28, 2005. At that point, Appellant went in and attempted to get him back to sleep. He was unable to calm Valik, so he brought him out to his
mother in the living room. After she rocked Valik to sleep, the Appellant took him back into the bedroom and put him in his crib.

Appellant gave a different timeline of events, in which he did not check on the children until nearly noon on January 28, 2005.

Taking into account the differing timelines provided by the parents, the authorities determined that the children had been unattended for between ten to fourteen hours.

Sometime during the night, Gage rolled off of the bed and onto the baseboard heater, which was between 163 and 172 degrees. He was wedged on top of the heater in the space between the bed and the window, with no means to free himself.

Gage suffered severe bums over a large portion of his body, eventually resulting in his death.

When Elizabeth Rader woke up the next morning, she went to the store to buy formula for Gage. After she left, Appelant went into the bathroom and smoked marijuana before checking on the children. No one discovered what had happened to Gage until nearly 12:00 p.m., when Elizabeth told Appellant to wake the boys up for breakfast. At that point, Appelant discovered Gage's body on top of the heater.

Elizabeth Rader called 911, but when paramedics arrived, there was nothing they could do. Gage Conley was pronounced dead at the scene. Both parents were taken to the Shelby police station to be interviewed and to have blood and urine samples taken for drug tests. Richland County Children's Services was also called in to investigate the case.

As a result of the investigation into Gage Conley Conley's death, Appellant was indicted on one count of involuntary manslaughter, with the underlying offense being child endangering. The Richland County Grand Jury also indicted Appellant on one count of reckless homicide.

Appellant, through his trial attorney, filed a waiver of jury trial.

A bench trial was held in this matter commencing on November 28, 2005, and concluding on December 1, 2005.

On December 6, 2005, Judge James Henson found Appel ant guilty of involuntary manslaughter and sentenced him to seven years in prison.

Appellant filed the instant appeal, raising the following sole Assignment of Error for review: ASSIGNMENT OF ERROR

"I. THE TRIAL COURT'S VERDICT IN FINDING THE DEFENDANT- APPELLANT GUILTY OF INVOLUNTARY MANSLAUGHTER, WAS CONTRARY TO THE MANIFEST WEIGHT OF THE EVIDENCE, AND BASED ON INSUFFICIENT EVIDENCE, THUS HIS CONVICTION WAS IN VIOLATION OF ARTICLE I, 10 OF THE OHIO CONSTITUTION AND THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION." I.

In his sole Assignment of Error, Appellant argues that his conviction is against the manifest weight and sufficiency of the evidence. We disagree.

In State v. Jenks (1981), 61 Ohio St.3d 259, 574 N.E.2d 492, the Ohio Supreme Court set forth the standard of review when a claim of insufficiency of the evidence is made. The Ohio Supreme Court held: "An appellate court's function when reviewing the sufficiency of the evidence to support a criminal conviction is to examine the evidence admitted at trial to determine whether such evidence, if believed, would convince the average mind of the defendant's guilt beyond a reasonable doubt. The relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt." Id. at paragraph two of the syl abus.

On review for manifest weight, a reviewing court is to examine the entire record, weigh the evidence and all reasonable inferences, consider the credibility of the witnesses, and determine whether in resolving conflicts in the evidence, the trier of fact clearly lost its way and created such a manifest miscarriage of justice that the judgment must be reversed. The discretionary power to grant a new hearing should be exercised only in the exceptional case in which the evidence weighs heavily against the judgment.

State v. Thompkins, 78 Ohio St.3d 380, 387, 1997-Ohio-52, 678 N.E.2d 541, citing State v. Martin (1983), 20 Ohio App.3d 172, 175, 485 N.E.2d 717.

Because the trier of fact is in a better position to observe the witnesses' demeanor and weigh their credibility, the weight of the evidence and the credibility of the witnesses are primarily for the trier of fact. State v. DeHass (1967), 10 Ohio St.2d 230, 227 N.E.2d 212, paragraph one of the syl abus.

Appellant, in the case sub judice, was convicted of involuntary manslaughter in violation of R.C. 2903.04(A).

R.C. §2903.04 states, in relevant part, as fol ows:

"(A) No person shall cause the death of another or the unlawful termination of another's pregnancy as a proximate result of the offender's committing or attempting to commit a felony."

- 5 -

Richland County, Case No. 2005 CA 0129 6

The felony which Appellant is accused of committing is Endangering Children, in violation of R.C. §2919.22(A).

R.C. 2919.22(A), sets forth the elements of child endangering and provides, in pertinent part, as follows:

"No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age ··· shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support."

Although not stated in R.C. §2919.22 , recklessness is the culpable mental state for the crime of child endangering. State v. O'Brien (1987), 30 Ohio St.3d 122, 508 N.E.2d 144.

In the case sub judice, Appellant argues that he should not have been found guilty because the child's mother was the one that placed the child on the bed and that there was no evidence that he knew the child had been placed on the bed.

Upon review of the record, we find that Captain Roub testified that when he questioned the Appellant after Gage's death, the Appellant stated that Gage was sleeping on the bed and Valik was in the crib. (T. 276).

Additionally, Children's Services Investigator Mark Keck, who was present when both parents were interviewed, testified that Elizabeth Rader told them that when Valik woke up at some point after the kids went to bed, Appellant went in to check on him, and brought him out to her. (T. 99). She further stated that after she got Valik back to sleep, Appellant took him back into the bedroom. (T. 99).

Based on the above, we find that Appellant was in the room at some point during the night, and was aware of the children's sleeping arrangements on the night Gage died.

Furthermore, in that Appellant spent the night at the apartment at least four nights a week, he would have been aware of where his children slept.

The trial court also heard testimony from a number of witnesses who responded to the 911 call testified regarding the condition of the bedroom where the two children slept. Sergeant David Mack of the Shelby police department testified that the bedroom was in "complete disarray." (T. 113). He indicated that it was difficult to see the carpet on the floor. (T. 114). Sergeant Mack identified State's Exhibit 23KK, a picture that he took depicting the condition of the bedroom. From that picture, he testified that there was furniture overturned, drawers pulled out, as well as a television set and an air conditioner on the floor. (T. 115). Using State's Exhibit 23EE, Sergeant Mack also identified a "Pack and Play" in the bedroom filled to the brim with dirty clothing. (T. 116).

Mark Keck also testified that the bedroom was "[e]xtremely messy." (T. 46). He stated that the condition of the room was a concern because, in addition to clothing, there were garbage items such as paper, pop cans, cigarette butts, and a condom wrapper lying on the floor. (T. 46-47). Mr. Keck also described broken furniture lying near the crib that could pose a physical hazard to the children. (T. 47). Mr. Keck indicated that he found Gage and Valik Conley to be neglected kids. (T. 66). Based upon his investigation, it appeared that the parents were more concerned with things other than the proper care of their children, and that they spent more time attending to their own needs rather than the needs of their kids. (T. 66, 70). Based upon the length of time the children were left unsupervised; the inappropriate sleeping arrangements; the unsanitary home conditions; and the physical hazards, including the placement of the bed against the heater; Mr. Keck indicated that the disposition of his investigation in this case was substantiated for neglect. (T. 69-70).

Captain Lance Combs testified that the bed, box springs, and mattress along with the baby's crib were pushed right up against the baseboard heater in the bedroom. (T. 184). He also stated that it was very hot in the room and incredibly hot near the heater. (T. 194). Captain Combs indicated that he could feel the heat from the register when he was standing between the foot of the bed and the crib, about a foot away from the heater. (T. 195). When he placed his hand about four or five inches above the heater, it was extremely hot. (T. 194-195). Captain Combs testified that, based upon his observations of the location of the bed in reference to the heater, an adult lying on the bed would have felt the heat because the bed frame itself was hot. (T. 195-196).

Chief Scott Hartman of the Shelby Fire Department was called in to check the temperature of the heater with an infrared thermometer. (T. 140-141). He indicated that the north end of the heater, which was toward the head of the bed, was 172 degrees. (T. 142-143). The reading for the south end of the heater was 163 degrees. (T. 142-143). Chief Hartman testified that the placement of the bed against the heater may have caused one end of the heater to be hotter than the other. (T. 144).

Upon review of the evidence produced at trial, we find that same clearly established that the Appellant violated his duty to provide a safe sleeping environment for his child by allowing him to sleep on a bed next to an extremely hot heater when safer alternatives were available. His failure to provide a safe sleeping environment for his son, his drug use, and his failure to check on the welfare of his children violated his affirmative duty to provide for the health, safely, and welfare of his children. As a result, Gage Conley rolled off of the bed onto the baseboard heater, suffering severe burns that resulted in his death.

We find same to be sufficient to convict the Appellant of child endangering as the underlying offense to involuntary manslaughter.

In short, upon our review of the record, we find that any rational trier of fact, after viewing the evidence in a light most favorable to the prosecution, could have found that appellant caused the death of another as a proximate result of committing the felony of Endangering Children. We further fail to find, upon our review of the record, that the trier of fact lost its way and created a manifest miscarriage of justice.

For the reasons stated in the foregoing opinion, the judgment of the Richland County Court of Common Pleas, is hereby affirmed.

For the reasons stated in our accompanying Memorandum-Opinion, the judgment of the Court of Common Pleas of Richland County, Ohio, is affirmed.

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Mark Caudill News Journal
December 21, 2011

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MANSFIELD -- A judge said Tuesday he believed Elizabeth Rader deserved to be a part of society again.

"She's not the crazy, drug- addicted loser that went away in 2006," Richland County Common Pleas Judge James Henson said.

Henson granted early release for Rader, 28, who was convicted of reckless homicide and involuntary manslaughter for the Jan. 27, 2005, death of Gage Conley, her 6-month-old son. Gage died of severe burns over more than half of his body when he rolled off an adult bed and was trapped on a baseboard heater at his Shelby apartment.

Henson handed Rader a seven-year prison sentence.

During her trial, Rader said she smoked marijuana with Stevie Conley, Gage's father, and watched movies after putting their children to bed around 9:30 p.m. Until Conley found the infant dead on the heater about noon the next day, Rader admitted they had checked on their children just once, about 1 a.m.

Conley remains in prison for involuntary manslaughter. He has been denied early release on several occasions.

Assistant Prosecutor Chris Tunnell said Rader should serve her full sentence.

"This case is about time for the life of Gage Conley. Seven years versus never, ever again," Tunnell said. "Given the gravity of the situation, the state of Ohio feels there isn't anything but time for this defendant."

Defense attorney Charles Brown said his client improved herself while in prison.

"The change for the good is evident," he said. "She is sincerely contrite. She's been trying to make herself better."

Rader, a petite brunette, told Henson she has learned from the experience.

"I've learned it's all about my choices," she said. "I didn't realize how much my choices affected everybody else."

Toya Bowman, program coordinator for re-entry court, told Henson that Rader went through long-term drug and alcohol treatment in prison, as well as vocational training and anger management.

"The institutional staff has nothing but good things to say about her recovery," Bowman said. "She's done everything an inmate could do."

Henson noted Rader had no criminal record before the incident.

"You came in as someone who had gotten high and made a stupid mistake," he said.WTH????? A child is dead and it's a "stupid mistake?"

Tunnell said Rader had four minor infractions while in prison. The assistant prosecutor also asked the court to remember the victim.

"He burned to death over who knows how long," Tunnell said. "There are no programs that are going to fix that situation."OMG!!!!!!!!!!!!!!!!!!

But Henson said he felt it was "the right thing to do" to terminate Rader's sentence. She will be on three years supervision.

Rader will live with her parents, who attended Tuesday's hearing, in Norwalk. Henson told her he expected her to put down roots and blossom.

"I wouldn't be letting you out if I thought you hadn't wised up," the judge said. "Don't make me regret it."

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This judge should be dis-barred!!!!

Early Release Given To Woman Whose Baby Died On Heater
originally posted on: 12/20/2011 4:52:02 PM
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Elizabeth Rader has been freed one year before her sentence was to expire. ..

Judicial release has been granted to a Shelby woman who spent six years in prison for the death of her infant son.

Elizabeth Rader has been freed one year before her sentence was to expire.

She was convicted of the January 2005 death of six-month-old Gage Conley, who was left alone on a bed all night as Rader and her boyfriend Stevie Conley smoked marijuana.

The baby rolled off the bed, landed on a baseboard heater, and burned to death.

Rader appeared in Richland County Common Pleas Court Tuesday afternoon.

The Adult Parole Authority officer handling her case said Rader has been a model inmate in prison, completing college and drug and alcohol treatment, and generally turning her life around.

But Assistant Prosecutor Chris Tunnell told Judge James Henson the severity of the case calls for Rader to complete her term.

Henson said "now is the right time" to release Rader, but warned her she would go back to prison if she should violate terms of her parole.

Rader will live with her family in Norwalk.

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I can not find any pictures of little Gage.

I could have sworn we had a previous thread on this case.

Cannot believe that judge released the mother with her "stupid mistake". Makes me livid!!

We have a very similar case here Wrap, in fact I thought this was it but it happened maybe a year ago.
Anyone can be a model prisoner, she should have served every second of the seven years as well as the so called dad. That judge is an ass. Makes me sick.

Tunnell said Rader had four minor infractions while in prison. The assistant prosecutor also asked the court to remember the victim.

"Model Prisoner"???

My son called one of the Bailiff's an ass and got written up..and put in solitary for one day. This woman has FOUR and she is a "model prisoner"???????

My son did not kill anyone. This woman Did!! She was high and irresponsible and her home was in shambles.

The Anger I feel toward this case is - I have NO words!!