Zachary Merdy
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CANDID ID: NY_22_155
AGE
7   years
STATE
New York
DATE OF DEATH
9/12/2022
SUMMARY OF DEATH
On September 12, 2022, shortly after midnight, Erin Merdy, a 30-year-old mother with a documented history of severe depression and postpartum depression, took her three children — Zachary (age 7), Liliana (age 4), and Oliver (3 months) — from their Coney Island apartment to the nearby beach. She drowned all three children in the Atlantic Ocean. The maternal aunt called 911 around 1:25 AM after the mother called her frantic and crying but would not reveal the children's whereabouts. Relatives found the mother on a boardwalk, wet and barefoot, without the children. She told relatives she had drowned them. Law enforcement found all three children unresponsive on the shoreline. Resuscitation efforts were unsuccessful, and all three were pronounced dead at a hospital at 5:38 AM. The cause of death was cardiac arrest secondary to drowning, ruled a homicide. The mother was charged with three counts of first-degree murder and nine counts of second-degree murder, and ultimately pleaded guilty and was 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 ocean at Coney Island/Brighton Beach.

Is there any mention of a firearm incident?

Is there any mention of inappropriate supervision (e.g., child wandered off and drowned)?

Is there any mention of inflicted injury? (e.g. slapped, punched, kicked, choked)

The fatality report documents a prior CPS report from 04/22/2022 alleging that "the father of the then 1-day-old deceased sibling choked the SC. As a result, the SC was unable to breathe and had pain to his throat." The child himself confirmed: "the SC reported the BF of the then 1-day-old deceased sibling did put his hands around his throat." Additionally, the Daily Mail article references a lawsuit alleging the mother and her boyfriend "were physically abusive" to the children.

Is there any mention of malnutrition, starvation, or dehydration?

The Daily Mail article references a lawsuit alleging the mother was known "to neglect the children, inclusive of withholding food from them" and that "She was reportedly not feeding them regularly." These are unconfirmed lawsuit allegations, not findings from the official fatality investigation, making the certainty 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 Merdy told a police officer: "I was in the water and my boy was crying and trying to help. I couldn't save him. I know I was wet and I was trying to kill myself." She also said in a videotaped statement that she went to the boardwalk to "hurt herself." These statements suggest suicidal intent alongside the murders, though they were part of confused, dream-like recountings and she never clearly admitted to the killings. This suggests elements of an attempted murder-suicide, but the evidence is muddled.

Is there any mention of outdoor elements (including hot car deaths)?

The fatality report and multiple news articles document that the children were drowned in the ocean at the beach. The fatality report states the children were "located by law enforcement and emergency medical services on the shore of the beach and were unresponsive." The NY Times article describes the mother trudging "across the sand, down to the dark water" on a "rainy and desolate" night. These are clearly outdoor elements.

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 alleged perpetrator, and she was charged with and ultimately pleaded guilty to murder. The report states: "The SM reported to relatives that she drowned the children." She was "indicted on three counts of 1st Degree Murder and nine 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 from 04/22/2022 alleging the father of the 3-month-old choked the subject child, and one from 11/30/2020 alleging educational neglect and inadequate guardianship by the mother. The report states: "Did the child have a history of alleged child abuse/maltreatment? Yes." A preventive services case was also opened from 1/2021 to 7/2022.

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." Criminal charges were filed on 09/14/2022. The NY Daily News article confirms: "Merdy 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 case was also opened to address, among other things, "the SM's ongoing MH, DV history, and housing concerns."

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. She "was diagnosed with depression and had been evaluated for post-partum depression." She "was engaged in mental health counseling prior to the fatal incident" and "had a recent hospitalization due to her MH and was diagnosed with severe depression." The prior CPS report alleged the SM was "overwhelmed and extremely depressed." The Daily Mail article notes: "In May 2022, four months before the drownings, Merdy had her third child and was hospitalized soon after with severe postpartum depression." The NY Daily News article states: "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." Her aunt said: "Many family members have struggled with mental illness."

Is a history of arrests or criminal charges for the parent/caregiver referenced?

Is substance use by the parent/caregiver referenced?

Notable Details

Several systemic child welfare failures are documented across the sources. The fatality report notes the preventive services case was closed in July 2022 — just two months before the deaths — 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 also "did not confirm the SM was engaged in MH treatment until 13 months after the case opened," despite her known severe depression. Multiple compliance issues were identified in prior CPS investigations, including failure to contact the mother's mental health provider, failure to notify absent fathers, and failure to follow up on the mother's psychiatric hospitalization discharge recommendations. The NY Daily News article quotes a source: "She fell through the cracks" and "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 children filed a $100 million lawsuit against NYC and ACS, alleging the agencies "ignored red flags" and "failed to complete several of the in-home visits." Additionally, the mother ultimately pleaded guilty to three counts of first-degree murder and was sentenced to 20 years to life in prison.

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