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Former South Florida Babysitter to Accept Plea Deal for 2019 Death of Man Injured as Baby in 1984

Fort Lauderdale, Florida – A former South Florida babysitter, Terry McKirchy, is set to accept a plea deal on Wednesday afternoon in connection with the 2019 death of Benjamin Dowling, a man who was left severely disabled as an infant by severe shaking 40 years ago. McKirchy, now 62 years old, faced a first-degree murder charge for the death of Dowling, who passed away at the age of 35 after a life filled with severe disabilities caused by a brain hemorrhage he suffered in 1984 when he was just 5 months old while under McKirchy’s care in suburban Fort Lauderdale.

The tragic incident that occurred in 1984 left Dowling unable to crawl, walk, talk, or feed himself, as his family has shared. Investigators believed that McKirchy caused the hemorrhage by shaking him as an infant. McKirchy, who currently resides in Sugar Land, Texas, was indicted three years ago by a Broward County grand jury after a 2019 autopsy confirmed that Dowling’s death was a result of his decades-old injuries. Despite the charges against her, McKirchy has always maintained her innocence, claiming she never harmed Dowling.

The specifics of the plea deal that McKirchy is expected to accept remain undisclosed, including the charge to which she will plead guilty or no contest. Both prosecutors and the public defender’s office involved in the case have refrained from providing any details ahead of the hearing. McKirchy voluntarily surrendered herself to the Broward County Jail on May 29, after being free on $100,000 bail since shortly after her indictment.

This isn’t the first time McKirchy has been involved in legal proceedings related to Dowling’s injuries. In 1985, she accepted a plea deal after pleading no contest to attempted murder in connection with the incident. At the time, McKirchy was six months pregnant with her third child and faced a potential sentence of 12 to 17 years in prison. However, she was instead sentenced to weekends in jail until giving birth, after which she was placed on probation for three years. Despite the plea deal, McKirchy continued to assert her innocence, stating that she wanted to move on from the case and be with her children.

The Dowlings, Rae and Joe, had only been married for four years when Benjamin was born on January 13, 1984. Both parents worked, so they hired McKirchy, who was 22 years old at the time, to babysit Benjamin at her home. The incident that led to Benjamin’s severe injuries occurred on July 3, 1984, when Rae Dowling picked him up from McKirchy and noticed that his body was limp and his fists were clenched. Benjamin was rushed to the hospital, where doctors determined that he had suffered a brain hemorrhage from severe shaking. McKirchy was arrested shortly thereafter.

In 2021, the Dowlings released a statement detailing Benjamin’s struggles throughout his life, including multiple surgeries, the use of feeding tubes, and attendance at rehab and special schools. Despite his challenges, the Dowlings continued to care for Benjamin and included him in family activities, such as attending his siblings’ games and performances. The family eventually relocated to Florida’s Gulf Coast in the late 1990s, where Benjamin passed away at their home on September 16, 2019.

The Dowlings expressed their love for Benjamin, acknowledging that he could never fully communicate his feelings but believed that he knew he was loved and cared for by his family. They shared that Benjamin would smile when surrounded by his family, indicating his awareness of their presence and efforts to support him.

As the legal proceedings surrounding McKirchy’s involvement in Benjamin Dowling’s injuries and subsequent death continue, the case serves as a reminder of the lasting impact of childhood trauma and the importance of seeking justice for those who have suffered. The final outcome of the plea deal and its implications for both McKirchy and the Dowling family remain to be seen, but the memory of Benjamin Dowling’s life and the challenges he faced will continue to resonate with those involved in the case and the broader community.