North Fulton County

Toddler died because of day care's negligence, prosecutors argue

ALPHARETTA, Ga. — Jurors in the trial of a former Alpharetta day care operator heard some emotional testimony from the parents of the toddler who died there.

Janna Thompson is facing second-degree murder and second-degree child cruelty charges in the July 2014 death of Max Stephens.

Prosecutors said Thompson left the boy and two other small children unattended in her backyard for nearly 20 minutes while she attended to other children and activities inside her Alpharetta home.

“He got dropped off, he was happy, and he didn't care I was leaving, because he was happy,” his mother, Heidi Stephens, told jurors.

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Stephens testified that Thompson called her later that morning to say there had been an accident, and she needed to come to the home immediately.

Stephens said Thompson told her she had to go inside to discipline another child to use the bathroom, and she came outside to find Stephens unresponsive.

“She thought he was sleeping,” Stephens told jurors.

In fact, prosecutors said Stephens had gotten his neck caught in a piece of pine straw twine hanging on a slide, and he suffocated when it choked him as he went down the slide.

Paramedics took the boy to North Fulton Hospital and then by helicopter to Children’s Healthcare of Atlanta.

“They explained that he had significant brain swelling and was unlikely to recover,” she said.

Stephens testified that when doctors told her and her husband that Max would have severe brain damage if he survived, they decided to take him off life support. %

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“I couldn't take any more time sitting there and waiting,” she said.

Prosecutors contend Thompson should have never left the children alone for any period of time unattended.

Thompson’s defense attorneys argued she didn’t know the pine straw twine was there and, therefore, didn’t know the children were in any danger.

When asked, the Stephens’ testified that they were under the impression Max would be properly supervised at the day care.

“Did you have an expectation she would supervise your child at all time?” asked prosecutor Peter Johnson.

“My expectation was that she was a childcare expert as she put herself up to be when she was soliciting us,” said Jeff Stephens, Max’s dad.