Prosecutor explains misdemeanor charge for babysitter after infa -

Prosecutor explains misdemeanor charge for babysitter after infant dies in her care

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Kelly Schneeberger was charged with misdemeanor child endangerment in the death of  Byron Matlock. Credit:  KMOV Kelly Schneeberger was charged with misdemeanor child endangerment in the death of Byron Matlock. Credit: KMOV

A local babysitter is facing a misdemeanor after an infant died in her care.

Now, News 4 is asking why she wasn't charged with something more severe, as the baby's grieving parents search for more answers.

Byron Matlock was just six-weeks old when he died at his babysitter's home in Wentzville back in October.

“My child lost her life under her care, where is she at, I don't know, she is not in jail, she is out running around, doing what she wants,” said Darrell Matlock.

Matlock and Bree Rager’s baby Byron’s skull was crushed while in the care of Kelly Schneeberger.

His parents say they couldn't afford licensed facilities in their area and Schneeberger earned their trust.

After Byron’s death, police say Schneeberger initially blamed a toddler for falling on him, but later said  she had fallen on Byron, police said.

This week, she was charged with one count of misdemeanor child endangerment.

“I think at the end of the day, what we have is a sad, tragic set of circumstances and you can't help but feel for the family,” said St. Charles County Prosecuting Attorney Tim Lohmar.

“We don't believe anything she did was for the purpose to injure, let alone kill the child, it’s a terrible tragedy but it does fall in the category of accident,” Lohmar said.

Lohmar says the investigations were thorough and they looked at every aspect of the case.

Court documents say Schneeberger acted with criminal negligence because she had a physical limitation that causes her to lose balance and the house had "cramped conditions."

The medical examiner told police and prosecutors her story that falling could be plausible. 

“You've got to be able to point to an act that was done with intention to harm the child and there just isn't that evidence,” Lohmar said.

After Byron’s death, News 4 learned a sex offender was registered to live at the home.

Schneeberger wouldn't speak when News 4 caught up with her back in December.

Now, many people are taking to Facebook to warn other parents about her, saying she exhibited red flags, like a post in which she apparently claimed to be asking strangers to take over her daycare duties for the day.

“If you are going with a provider who isn't licensed and hasn't been properly vetted, then the best thing to do is talk to other parents. That's a great way to make sure we don't have tragedies like this again,” Lohmar said.

Lohmar encourages using available resources to properly check out daycare providers.

You can find criminal information here.

You can check the sex offender registry here

And Child Care Aware can provide additional resources here.

Copyright 2017 KMOV (Meredith Corporation). All rights reserved.

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