Woman Accused of Endangering the Welfare of a Child – Verdict: Charges Dismissed
People v. Elizabeth Burciaga
Elizabeth was a single mother whose four-year old son fell out of an 11-story window when he awoke in his bed and fell through his bedroom window. Miraculously, the boy received only a few broken bones when he bounced off of the awning in front of the building and landed in some bushes. Elizabeth was charged with the crime of Endangering the Welfare of a Child because she had left her apartment to see her friend while her son was sleeping.
A motion to dismiss was filed arguing that it is common for parents to leave there homes while their children are sleeping in the second story of their house – to sit on their porch, to go across the street to a neighbors, or to go outside to do chores – and that act should not be criminalized simply because Elizabeth lived in an apartment building.
The Albany City Court agreed and dismissed all charges.