FORT LAUDERDALE, Fla. — A former babysitter is scheduled to accept a plea deal Wednesday afternoon in connection with the 2019 death of a man she was accused of disabling as an infant by severe shaking 40 years ago .
Terry McKirchy, 62, faced a first-degree murder charge for the death of Benjamin Dowling, who died at 35 after a life with severe disabilities caused by a brain hemorrhage he suffered in 1984 when he was 5 months old while at McKirchy’s suburban Fort Lauderdale home. Investigators believed she caused the hemorrhage by shaking him.
McKirchy, who now lives in Sugar Land, Texas, was indicted three years ago by a Broward County grand jury after a 2019 autopsy concluded Dowling died from his decades-old injuries. He never crawled, walked, talked or fed himself, his family has said.
But McKirchy, who faced a possible life sentence, has always insisted she never hurt Dowling.
Court records do not indicate what charge McKirchy will plead to or whether it will be a guilty or no contest plea. Prosecutors and the public defender’s office will not discuss the case before the hearing. McKirchy voluntarily entered the Broward County Jail on May 29 after having been free on $100,000 bail since shortly after her indictment.
This isn’t the first time McKirchy has taken a deal in connection with Dowling’s injuries, receiving an exceptionally light sentence after pleading no contest to attempted murder in 1985. Then six months pregnant with her third child and facing 12 to 17 years in prison, she was sentenced to weekends in jail until giving birth. She was then freed and put on probation for three years.
Even then, she insisted she was innocent, telling reporters at the time that her “conscience is clear.” She said then that she took the deal because wanted to put the case behind her and be with her children.
At the time, prosecutors called the sentence “therapeutic” but didn’t explain. Ryal Gaudiosi, then McKirchy’s public defender, called the sentence “fair under the circumstances.” He died in 2009.
Rae and Joe Dowling had been married four years when Benjamin was born Jan. 13, 1984. Both Dowlings worked, so they hired McKirchy, then 22, to babysit him at her home.
Rae Dowling told investigators that when she picked up Benjamin from McKirchy on July 3, 1984, his body was limp and his fists were clenched. She rushed him to the hospital, where doctors concluded he had suffered a brain hemorrhage from severe shaking. McKirchy was arrested within days.
The Dowlings told reporters in 1985 they were stunned when prosecutors told them minutes before a court hearing of the plea deal McKirchy would receive.
The Dowlings said in a 2021 statement that Benjamin endured several surgeries in his life, including having metal rods placed along his spine. He got nourishment through a feeding tube and attended rehab and special schools. The Dowlings had two more children and would take Benjamin to their games and performances. The family moved to Florida’s Gulf Coast in the late 1990s. He died at their home on Sept. 16, 2019.
“Benjamin would never know how much he was loved and could never tell others of his love for them,” they said. “Benjamin did smile when he was around his family, although he could never verbalize anything, we believe he knew who we were and that we were working hard to help him.”