A Sparta Township mother will spend months in jail over the bathtub drowning death of her 8-month-old son last fall.
As previously reported, Olivia Elizabeth Miller had pleaded no contest to a charge of involuntary manslaughter. A plea agreement called for a sentence of no more than one year, court officials said.
Miller Told Investigators She Left Her Son Alone in the Bathtub for Just 5 Minutes
Court records show that Miller called 911 on Nov. 22, 2023, saying her son, Asher Johnson, had drowned at the family’s home in Sparta Township. The child was taken to the hospital, where he was pronounced dead. An autopsy determined that he drowned, according to an affidavit.
Miller was the only person with Asher at the time. Her stories varied, according to a probable cause affidavit, but she told detectives that she had put the child in the bathtub with a few inches of water in it, then left the room to switch laundry with the water still running.
According to court documents, she told investigators that when she returned around five minutes later, Asher was floating face up with his face underwater. She said she tried to save his life.
Data from Miller’s Cellphone Revealed She was on Her Phone while Asher Drowned
According to the report, investigators obtained data from Miller’s cellphone that appeared to undercut what she had been telling police. The data reportedly said Miller began using her phone in various capacities at 3:17 p.m. and that she used the device continuously — taking only a single break that lasted 18 seconds — until she called 911 about 21 minutes later.
An autopsy conducted by the county’s chief medical examiner determined that Asher’s cause of death was drowning. The medical examiner also estimated that the infant had been lying on his back on the floor for a minimum of 20 minutes before authorities arrived at Miller’s home.
Miller Received Credit for 246 Days Served
Involuntary manslaughter is a 15-year felony but due to a plea deal, Miller was sentenced to one year with credit for 246 days served.
“You have no prior record, no felonies, no misdemeanors, no juvenile court record. You’ve been a law-abiding citizen,” said Judge Mark Trusock as he spoke to Miller in court. Trusock also said the circumstances surrounding the case factored into the sentence.
“This child was not beat in any way, this child had no bruises, this child was not abused,” Trusock said. “This was a negligent act. I don’t believe this was intentional at all.”
Asher’s grandfather told News 8 he was disappointed with the sentence that was given. “If Olivia Miller had been driving a car and been on her phone and ran over an 8-month-old baby, she’d sit a lot longer than a year. I don’t see the difference right now. My grandson died because she was negligent, she was on her phone,” said Niel Stoppa, Asher’s grandfather.
Miller did apologize for the incident in court. “I’m sorry and I hope that you guys can forgive,” she said.
