On September 12, 2022, in the early morning hours, 30-year-old Erin Merdy took her three children — Zachary (age 7), Liliana (age 4), and Oliver (age 3 months) — from their apartment near Coney Island to the beach. The mother, who had a documented history of depression and mental health issues, called her sister crying and frantic around 1:00 AM but would not answer questions about the children. The maternal aunt called 911 around 1:25 AM. Relatives found the mother wet and barefoot on the boardwalk without the children; she told them she had drowned them. Law enforcement and EMS located all three children unresponsive on the shoreline. Despite resuscitation efforts, all three children were pronounced dead at 5:38 AM at the hospital. The cause of death for all three was cardiac arrest secondary to drowning, ruled a homicide by the medical examiner. The mother was arrested and indicted on three counts of first-degree murder and nine counts of second-degree murder. She had been receiving mental health counseling for depression prior to the incident and later stated she believed she was suffering from postpartum depression at the time.
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 told relatives "she drowned the children" and the mother "reported walking on the beach while holding the 3-month-old child, while one of the other children said 'mommy, mommy' and 'the waves, the waves.'" The NBC News article confirms: "Officials said Oliver Bondarev, 3 months old; Lilana Merdy, 4 years old; and Zachary Merdy, 7 years old, drowned."
Is there any mention of a firearm incident?
Is there any mention of inappropriate supervision (e.g., child wandered off and drowned)?
The fatality report substantiated allegations of "Inadequate Guardianship" against the mother for the fatal incident. Additionally, the Daily Mail lawsuit article alleges the mother was known "to disappear and leave the children unsupervised and in danger." The 2020 CPS report also included unsubstantiated Inadequate Guardianship allegations. While the fatal incident was an intentional act of murder rather than a typical supervision failure, the case history includes multiple references to inappropriate supervision.
Is there any mention of inflicted injury? (e.g. slapped, punched, kicked, choked)
The mother intentionally drowned the children, which constitutes an inflicted act. The fatality report states "the cause of death for all three children was cardiac arrest secondary to drowning" and the manner of death was ruled homicide. Additionally, a prior CPS report from 4/22/2022 documented in the fatality report states that the child reported "the BF of the then 1-day-old deceased sibling did put his hands around his throat." The Daily Mail article also alleges the mother was known to be "physically abusive to the children."
Is there any mention of malnutrition, starvation, or dehydration?
The Daily Mail article, reporting on a lawsuit filed by the fathers, states the suit alleges 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 allegations from a civil lawsuit and are not corroborated by the official fatality report, which in the 2020 investigation noted "The SM had food, shelter, and clothing for the CHN."
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?
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 mother as the alleged perpetrator. The mother drowned all three children. The report states: "The SM would not provide relatives with information on the children's whereabouts but stated that she drowned them." The mother was charged with 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: (1) dated 04/22/2022, alleging Inadequate Guardianship against the father of the then 1-day-old sibling, which was unsubstantiated/unfounded; and (2) dated 11/30/2020, alleging Educational Neglect (substantiated) and Inadequate Guardianship (unsubstantiated) against the mother. A preventive services case was opened following the 2020 indication and ran 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." The NBC News article confirms: "Erin Merdy, 30, was charged with intentional murder, murder with depraved indifference and murder of a victim under the age of 11, police said." The NYPD supplementary homicide report lists the perpetrator status as "Arrested."
Is domestic violence by the parent/caregiver referenced?
The fatality report states in the 4/22/2022 investigation review: "Despite the SM and BF's denial, ACS obtained LE records that revealed a history of DV." Additionally, the preventive services history notes the case was 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 history. It states: "The SM was diagnosed with depression and had been evaluated for post-partum depression but was not exhibiting signs or symptoms." The report notes she was "engaged in mental health counseling prior to the fatal incident" and "had last seen her service provider on 9/2/22." The 2020 CPS report alleged "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 Daily Mail article states she "was hospitalized soon after with severe postpartum depression" following the birth of her third child in May 2022.
Is a history of arrests or criminal charges for the parent/caregiver referenced?
Is substance use by the parent/caregiver referenced?
Notable Details
The fatality report documents significant systemic failures by ACS and the preventive services agency. The preventive services case was closed in July 2022, just two months before the fatal incident, 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 agency "did not confirm the SM was engaged in MH treatment until 13 months after the case opened." Multiple prior investigations had compliance issues, including failure to contact the mother's mental health provider, failure to notify absent fathers, and failure to address the mother's non-engagement in mental health treatment. The fatality report also notes that the 4-year-old's two surviving half-siblings were not assessed during the fatality investigation, and the fathers were only contacted by phone rather than in-person. The Daily Mail article reports that the fathers of two of the children filed a $100 million lawsuit against New York City, ACS, and its commissioners, alleging systemic failures to act on red flags about the mother's deteriorating mental health and dangerous behavior.
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