The New York Criminal Law Blog

Kristal Khan Charged For Infant Drowning Under Her Care

Queens babysitter Kristal Khan, 29, was charged with reckless assault after allegedly falling asleep from taking NyQuil while 11-month-old James Farrior drowned. Khan claimed she forgot to pour out the water from the mop bucket the night before the incident when the infant fell upside down into the pail to get a hold of a yellow rubber duck.

Khan took the sleep-inducing medicine while looking after Farrior and her own children in June 2009, according to the New York Daily News. The 11-month-old was later found dead after drowning in six inches of water, and the event led the babysitter to appear before the Queens Supreme Court.

"Was this the best that the defendant could have done?" asked Assistant District Attorney Leigh Bishop to the jurors. "What was she thinking? That it would be a good idea to take NyQuil before taking responsibility for three young children?"

Khan's NY criminal defense attorney Eugene Guarino argued that his client was "not a monster." Guarino noted that Chrisann Josiah, Farrior's mother, had left the infant under Khan's care for nearly 8 months and never complained. He also pointed out that Josiah was only paying his client $25 per day, which is a "very small amount of money" for someone who "faithfully did her job" and "worked hard" as a babysitter.

"The events of June, 15, 2009 were a tragedy ... It was not a crime," contended Guarino. Even so, Kristal Khan could face four years behind bars if convicted of reckless assault.

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