Kayndace(3) & Akeelia(1) Fisher R.I.P.

Attorney of Couple Who Left 1 & 2 yr old Alone Says DCS Should Be Charged w/Murder


http://www.wsmv.com/news/21362049/detail.html


Attorney: DCS Should Be Charged With Murder

Parents Of Kids Who Died Not Mentally Competent To Have Custody


October 21, 2009


McMINNVILLE, Tenn. -- An attorney in McMinnville said this week that the Department of Children's Services should be charged with murder, not the parents of two children killed in a fire earlier this year.

Mitchell and Rose Stone are accused of leaving their 3-year-old and 1-year-old home alone the night they died in an apartment fire in May.

The couple's attorney, Larry Bryant, told the Southern Standard Newspaper neither of the Stones is mentally competent, and he thinks DCS should be held accountable for putting the kids in their custody.

On Wednesday, Department of Children's Services spokesman Rob Johnson released the following statement regarding the allegations:

"It is a shame that this defense attorney is trying to use the good case work of our department as an excuse for his clients' alleged inexcusable behavior. Due to the criminal investigation and due to the fact that the judge is reviewing the DCS records as part of the ongoing proceedings, it would not be appropriate for DCS to discuss the specifics of this case. What we can say is this: We worked very hard with the mother and the father and stepmother in this case. Our experienced case managers and supervisors, together with a whole team of community partners and counselors, performed their jobs admirably."

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Emergency crews received a call at about 3:30 a.m. regarding a fire at the Ashbury Apartments.

Two young children were found dead from smoke inhalation, said McMinnville fire chief Kevin Lawrence. Family members said the father, Mitchell Stone, and the children's stepmother, Rose, tried to save the children but were unsuccessful.

The children have been identified as 3-year-old Kayndace Fisher and 1-year-old Akeelia Fisher. Both children's birthdays were next month.

Investigators said the fire started in the kitchen. Lawrence said the fire appeared to be accidental, but an investigation was still under way.

Channel 4 News learned that police are investigating the possibility that the father and his wife weren't home at the time of the fire.

The children's mother Sandra Fisher is still in shock that her daughters are gone.

"It's the hardest thing. You're going to have to bury your kids," said Fisher. "Part of me still doesn't want to believe it. Part of me just wants to say, 'I'm asleep, and I'll wake up, and it's just a dream.'"

Fisher's ex-husband and his wife had just received temporary custody of the children within the past six weeks.

"We're going to do one big funeral for them because they always were together. We're going to put them in the same casket, so they'll stay together forever," said Fisher.

Police said once their investigation is complete, they and the district attorney will take the evidence to the grand jury to determine if charges will be filed.

"If it comes back that they weren't really in that house, God will pay them back for what they did," said Fisher. "All I can say is, anybody with kids, enjoy their time with their children."

The fire chief said a coffee warmer next to the stove was where the fire started.

The public can call the High Funeral Home in McMinnville at 931-473-2137 to donate money for a headstone for the children.

http://www.wsmv.com/news/19448543/detail.html

Couple Blames State For Death Of Grandchildren
Posted: Oct 21, 2009
Couple Blames State For Death Of Grandchildren

MCMINNVILLE, Tenn. - The grandparents of two McMinnville girls, who died in an apartment fire, are lashing out at the Department of Children's Services, blaming them for the girls' deaths.

The young girls died in May after being left alone in the Warren County home when it caught on fire.

The girls' grandparents, along with the father's attorney, are trying to place part of the blame on DCS. The grandparents said their son and his wife, Mitchell and Rose Stone, should have never had custody of the children in the first place.

"I'm even missin' them. I can't sleep at night at all," said grandmother Vicki Stone.

Vicki and Robert Stone blame the DCS for the death of their granddaughters, 3-year-old Kayndace and 1-year-old Akeelia.

"I want them to be charged with murder, and I mean it. I want them to be charged with murder," said Robert.

The children's father and stepmother are facing first degree murder charges for leaving the girls alone. The Stones said their mentally ill son, Mitchell, can not be held responsible for the deaths.

"He's got a water brain. When you've got a water brain, ain't that mental handicap?" said Robert.

The Stones said they made several complaints to DCS in the weeks leading up to the deadly fire.

They said the girls were neglected in a dirty home and often left alone by Mitchell and their stepmother. The grandparents said they should have lived with them or in a foster home.

"They should have never given them babies to them. They would've been still alive today," said Vicki.

Mitchell Stone's attorney, Larry Bryant, has filed a motion to review DCS complaint files. DCS has already turned over the files to a Warren County judge who will have the final say on their release.

Defense attorneys hope the information will shed more light on the case.

"Who was the neglectful person that ended up the cause of these girls' deaths? Was it our clients for leaving the children there, or was it DCS for placing them in our client's custody when they were not capable of taking care of them?" said Bryant.

DCS Statement from Rob Johnson:

"It is a shame that this defense attorney is trying to use the good case work of our department as an excuse for his clients' alleged inexcusable behavior.

Due to the criminal investigation and due to the fact that the judge is reviewing the DCS records as part of the ongoing proceedings, it would not be appropriate for DCS to discuss the specifics of this case.

What we can say is this: We worked very hard with the mother and the father and stepmother in this case. Our experienced case managers and supervisors, together with a whole team of community partners and counselors, performed their jobs admirably."

The judge could rule on whether to release the DCS files as early as next week.

http://www.newschannel5.com/Global/story.asp?S=11356724