Vivian Gardner died Dec. 19 at Dayton Children’s Hospital, according to Montgomery County Coroner Dr. Kent Harshbarger. Miami County court records said she suffered a fractured skull and brain bleed. She died two weeks after suffering the injuries.
“No parent expects to have to bury their baby days before Christmas,” said Brandon Myers, assistant county prosecutor, adding Vivian Gardner “was murdered at the hands of this man.”
Police reported Mayor was left with Vivian and other children while her babysitter took other children to school. During an interview with police, Mayor said she wouldn’t stop crying when he took her to the bedroom for a nap.
“He stated he ‘shook’ her and when she cried louder, he began to ‘slam’ her on the floor of the bedroom,” the report read. When she stopped crying, he reportedly thought she had fallen asleep.
The child’s mother, Victoria, told Judge Jeannine Pratt that Mayor “should never know another day of freedom.” Her father, Jeremy Gardner, talked about his red-haired daughter with chubby arms and a cheerful disposition.
Defense lawyer Jon Paul Rion called the death “a very tragic situation.” Mayor said he wrote an apology letter to the family.
“I just want you to know if I could trade places and give her back to you, I would,” he said.
Pratt said Mayor has one prior criminal conviction for disorderly conduct in 2021 and did not demonstrate genuine remorse. Mayor knew the child’s family and was acting in place of a caregiver at the time the fatal injuries were sustained by Vivian in what ended up as a “senseless crime,” Pratt said.
The judge said the sentence she imposed was mandatory under state law.
“If I had the discretion, you would be getting a much larger sentenced,” Pratt told Mayor.
Vivian’s family issued a written statement Tuesday outside of court saying the family failed to get justice due to the inadequacies of the Ohio Revised Code.
“In just 15 years, Mr. Mayor may be free to rejoin society, to be around children once more,” a press release from Chris Stanfield, a point of contact for the family, said.
In an attempt to change the law, family members and others have met with state legislators to pursue reforms “that will ensure that the punishments for violent crimes are commensurate with the impact they have on victims, their families and our communities,” the statement said. Their proposal would require that murdering a child under age 16 would be aggravated murder and strengthen penalties for child care providers who neglect their duty to care.”
For more information, see www.vivianslaw.org/advocate.
Contact this contributing writer at nancykburr@aol.com.
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