On September 12, 2022, at approximately 1:00 AM, 30-year-old Erin Merdy walked her three children — 7-year-old Zachary, 4-year-old Liliana, and 3-month-old Oliver — from their Coney Island apartment to the beach and intentionally drowned all three in the Atlantic Ocean. Wearing a bathrobe, she was later found alone, wet and barefoot, on the boardwalk near Brighton Beach after her maternal aunt, alarmed by a frantic phone call from Merdy, called 911 around 1:25 AM. Merdy told relatives she had drowned the children. Law enforcement and EMS found all three children unresponsive on the shoreline; despite resuscitation efforts, all three were pronounced dead at 5:38 AM. The cause of death for all three was cardiac arrest secondary to drowning, and the manner was ruled homicide by the Medical Examiner. Merdy had a documented history of depression and had been evaluated for postpartum depression following the birth of her youngest child in May 2022. She had been under ACS preventive services supervision, but the case was closed in July 2022, approximately two months before the killings. She was indicted on three counts of first-degree murder and nine counts of second-degree murder, ultimately pleading guilty and being sentenced to 20 years to life in prison.
Contexts/Conditions
Is there any mention of child drug ingestion or overdose?
Is there any mention of a drowning incident (either intentional or accidental)?
The fatality report states the "cause of death for all three children was cardiac arrest secondary to drowning." The mother "reported to relatives that she drowned the children." Multiple news articles confirm the children were intentionally drowned in the Atlantic Ocean near Coney Island.
Is there any mention of a firearm incident?
Is there any mention of inappropriate supervision (e.g., child wandered off and drowned)?
While the fatal incident itself was intentional homicide rather than a supervision failure, the case history includes multiple substantiated allegations of Inadequate Guardianship. The Daily Mail article, citing the fathers' lawsuit, states the mother was "known by all defendants... to disappear and leave the children unsupervised and in danger." The fatality report documents substantiated allegations of Inadequate Guardianship in connection with the fatal incident, and a prior CPS report from 11/30/2020 also included IG allegations.
Is there any mention of inflicted injury? (e.g. slapped, punched, kicked, choked)
The mother intentionally drowned the three children, which constitutes an inflicted injury. The fatality report states the manner of death was "Homicide" and the cause was "cardiac arrest secondary to drowning." Additionally, the Daily Mail article states that the lawsuit alleged the mother and "her boyfriend were physically abusive" to the children. A prior CPS report from 04/22/2022, described in the fatality report, alleged that the biological father of the 3-month-old "choked the 7yo deceased sibling," though this was unsubstantiated.
Is there any mention of malnutrition, starvation, or dehydration?
The Daily Mail article, citing the fathers' lawsuit, states the mother was "not feeding them regularly" and the lawsuit describes her as neglecting the children "inclusive of withholding food from them." However, an earlier CPS investigation from 2020 (per the fatality report) found "The SM had food, shelter, and clothing for the CHN." The claim comes from a civil lawsuit and is not corroborated by the fatality report's findings, making the evidence ambiguous.
Is there any mention of medical neglect?
Is there any mention of a motor vehicle crash or incident?
Is there any mention of a murder-suicide incident?
The NY Daily News article reports the mother's statement: "I know I was wet and I was trying to kill myself. I am having a bad dream." She also reportedly told police in a videotaped statement that she "went to the boardwalk to 'hurt herself.'" These statements suggest the mother intended to kill herself after drowning the children, indicating a murder-suicide attempt, although she survived.
Is there any mention of outdoor elements (including hot car deaths)?
Is there any mention of prenatal substance exposure (including fetal alcohol syndrome or neonatal abstinence syndrome)?
Is there any mention of sexual abuse?
Is there any specific mention of shaken baby or abusive head trauma?
Is there any mention of prolonged abuse or torture (including restraints, captivity)?
Is there any mention of an unsafe sleeping environment?
Individuals Involved
Was an adoptive parent or guardian involved in the death?
Was a biological father involved in the death?
Was a biological mother involved in the death?
The fatality report identifies the biological mother as the sole alleged perpetrator. She was charged with and pleaded guilty to first-degree murder. The fatality report states: "The SM reported to relatives that she drowned the children." The mother was indicted on 3 counts of 1st Degree Murder and 9 counts of 2nd Degree Murder.
Was a day care worker, babysitter, or nanny involved in the death?
Was a female paramour or friend involved in the death (e.g., girlfriend, stepmother)?
Was a foster parent involved in the death?
Was a male paramour or friend involved in the death (e.g., boyfriend, stepfather)?
Was another adult relative involved in the death? (e.g., grandfather, aunt)
Was a sibling involved in the death?
Child Characteristics
Was the child adopted?
Was the child homeschooled (including "cyberschooling") or taken out of school?
Was the child in foster care at the time of the incident?
Was the child living with relatives at the time of the incident (but not parents)?
Is there any mention of a neurological developmental child disability? (e.g., autism, intellectual disability, nonverbal)
Is there any mention of a physical child disability? (e.g., feeding tube)
Is there any mention of prematurity or low birthweight?
Is there a history of child protection reports prior to death (for this child or siblings)?
The fatality report documents two prior CPS reports: one on 04/22/2022 alleging Inadequate Guardianship by the biological father of the 3-month-old against the 7-year-old sibling (unfounded), and one on 11/30/2020 alleging Educational Neglect (substantiated) and Inadequate Guardianship (unsubstantiated) by the mother against the 5-year-old sibling and the deceased child (then 2 years old). A preventive services case was also opened in January 2021 and closed in July 2022.
Does the child have a history of foster care (but not in care at time of incident)?
Is there a history of a sibling death (separate incident from this death)?
Parent/Caregiver Factors
Was an adult charged or arrested for the child's death?
The fatality report states the mother "was indicted on three counts of 1st Degree Murder and nine counts of 2nd Degree Murder" with charges filed on 09/14/2022. The NBC article confirms: "Erin Merdy, 30, was charged with intentional murder, murder with depraved indifference and murder of a victim under the age of 11." The NY Daily News article reports she "previously pleaded guilty to three counts of first-degree murder in March" and "was sentenced to 20 years to life in prison."
Is domestic violence by the parent/caregiver referenced?
The fatality report states: "Despite the SM and BF's denial, ACS obtained LE records that revealed a history of DV." The preventive services history section also references "DV history" as a concern addressed by the preventive case opened in January 2021.
Is there any mention that the death occurred in a temporary shelter or while homeless?
Is an intellectual disability of the parent/caregiver referenced?
Is the mental health of the parent/caregiver referenced?
The fatality report extensively documents the mother's mental health history: "The SM was diagnosed with depression and had been evaluated for post-partum depression but was not exhibiting signs or symptoms. In her interview with ACS, the SM reported she believed she was suffering from post-partum depression at the time of the deaths." The prior CPS report from 11/30/2020 alleged "the SM was unstable. The SM was overwhelmed and extremely depressed." The preventive services history notes "The SM had a recent hospitalization due to her MH and was diagnosed with severe depression." The NY Daily News article adds: "Merdy has a history of mental health problems dating to 2019, and admitted herself to the hospital with post-partum depression after the birth of Oliver in May." Multiple family members referenced mental illness in the family.
Is a history of arrests or criminal charges for the parent/caregiver referenced?
Is substance use by the parent/caregiver referenced?
Notable Details
There are several significant systemic and policy failure details. The fatality report documents that a preventive services case was closed in July 2022 — just two months before the murders — despite the mother "being behind on bills, not receiving her public assistance benefits due to a sanction, and not receiving child support funds." The preventive services agency "did not confirm the SM was engaged in MH treatment until 13 months after the case opened" and "face-to-face requirements were not met within the first year of the case being opened." ACS failed to assess the 4-year-old child's two surviving half-siblings during the fatality investigation. The fatality report also notes multiple compliance issues across prior investigations including failure to contact the mother's mental health provider, failure to obtain psychiatric hospitalization records, and failure to follow up on the mother not being engaged in treatment despite known impact on her parenting. The NY Daily News quotes a source saying "She fell through the cracks" and that "Someone in the [ACS] Family Services Unit discharged her when they shouldn't have. At the very least, a psych exam should have been done — and that wasn't done." The fathers of two of the children subsequently filed a $100 million lawsuit against New York City and ACS for ignoring red flags. The mother was ultimately sentenced to 20 years to life after pleading guilty to three counts of first-degree murder.
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