Community Gathered To Honor Boy Who Died In Homestead Daycare Case

HOMESTEAD (CBS4) – Family, friends and members of the community gathered Thursday to honor a little boy who died while at a Homestead daycare.

They prayed for answers in front of the Jomiba Learning Center in Homestead. Miami-Dade police said the body of Dominicue Andrews was found lying on the ground next to the Jomiba Learning Center's van.

"Please make it right father God," the boy's uncle Fabian Hall said. "Please make it right. That's all I want. That's all I want. He deserve it."

Meanwhile, the boy's mother and family are suing the daycare where the boy died earlier this week.

Their attorney said he was filing the wrongful death lawsuit against the daycare because he said it failed to properly protect the toddler and says the facility did not properly train and supervise its employees.

Attorney Andrew Yaffa also said the daycare did not maintain proper logs for children on the van and said a second employee should have been assigned to make sure that no child was left behind.

Sources, however, have told CBS4 that the van's driver reportedly admitted to police he found the boy's body inside the van.

The driver of the van reportedly told police that he normally checks the van every day to make sure all of the children are out of it, but on Tuesday he might have missed the boy, CBS4′s Jim DeFede said.

The child's mother, Porsha Andrews, told CBS4's Peter D'Oench, "I loved my baby to death. He was my pride and joy. He was my everything."

Complicating matters is that some family members said they saw the 18-month old boy inside the daycare on the morning he died eating breakfast and have no idea how he got in the van.

Police have not confirmed that the child died inside the van but relatives suspect that is what happened and then his body was moved outside after it was discovered.

"I want to know what happened to my grandbaby," said Atila Bryan, the boy's grandmother. "It's not fair. I want to know what happened to him. And why was this done?"

When paramedics arrived, they found the boy outside the van.

"I really don't believe they left that baby in the van because what person in their right mind would open the van door, see a baby in the van dead, and move that baby, put that baby on a burning hot sidewalk," said Janice Riggins, one of the boy's aunts.

Eli Lobo said he remembered seeing the boy lying on the ground by the daycare.

"I don't know how he was doing. All I can say is I looked and he appeared lifeless," said Lobo.

The boy's parents shared their gratitude at Thursday's vigil Lobo, also a young father.

Other relatives said they remembered seeing the boy inside the building that morning, which would contradict with what the driver allegedly told police.

"The uncle of that baby saw that baby that morning eating cereal in the cafeteria," said Christine Prescott, the boy's great grandmother. "So we know that the baby was in that daycare he was not in that van."

Traci Morman, cousin of the toddler's 16-year-old mother, said the daycare called the boy's mother and originally told her they couldn't find her son.

"She thought her child was missing and I rushed her over here to find out what was wrong with her child and then we find out he's dead," said Morman.

Inspection Cited Minor Problems At Homestead Daycare Where Boy Died

State records say the Jomiba Learning Center has only been open for nine months. During their last inspection in June only minor paperwork problems were cited. There was a note in the report about transportation services.

"No children being transported at this time, however, counselor provided tech support to director concerning importance of completing the log (of the van) accurately and about the van sweep when taking children out of the van."

Department of Children and Families spokesman Mark Riordan said they are trying to determine whether workers completed the proper sweep of the van or whether the little boy somehow got back on the van.

"That's what we're looking into right now. A child has died who was in the care of that daycare center. And that it is a serious violation and allegation," said Riordan.

Depending the results of their investigation, the daycare could face fines or even face closure.

Jacqui Colyer with DCF said the state is considering suspending the center's license and has already begun the paperwork.

The Early Learning Coalition has pulled funding for the Jomiba Learning Center which will remain closed until the investigation is complete.

Attorney Yaffa said the family "deserves truth. They deserve justice."

"Society is failing. We have children," Yaffa said. "These are the most important things we have in life and we need to do everything we can to make sure they are protected."

"Day care centers take on the ultimate obligation when they take our children," Yaffa continued. "There's basic rules they must follow. You strap him. You take note of who's there. When he is taken, you pay attention."

Yaffa said the toddler was inside the van for an extended period of time.

After the boy's death, the center seized operations.Riordan with DCF issued a statement saying, "The owners, operators and staff of the Jomiba Learning Center have been cooperating with DCF child protective and child care licensing investigators."

According to SCF, "The daycare's owners have voluntarily closed pending the outcome of the investigation. As part of its ongoing investigation, the Department of Children and Families continues to explore all options available to it, up to and including suspending and/or revoking the center's license to operate."