Kirk Coleman and his mother, Anissa Garza.
(Photos provided)

NEW PARIS — This month a year ago, a New Paris mother dropped her 19-month-old son off to daycare, unaware it would be the last time she saw him alive. Today, nearly a year after his death, the family is seeking justice through the filing of a wrongful death lawsuit against the woman charged to take care of him that day, daycare provider Jackie Rolston.

According to a probable cause affidavit filed in Elkhart Superior Court in March, Rolston, 58, 69037 CR 127, New Paris, called for an ambulance after she alleged the boy, Kirk Coleman, “made choking noises and observed him struggling to breathe.” Rolston noted the child had acted “fine all morning with no problems walking, playing, watching television.” She stated Coleman had interacted with the other children, both her own and other’s, as well that day.
Rolston alleged she began attempting to clear his mouth, giving back blows and rescue breaths as she waited for the ambulance to arrive.

It was later determined, however, that the child had suffered multiple head and eye injuries from blunt-force trauma. Investigators alleged there was no evidence discovered that any other person had access to, or care or control of Kirk during the timeframe in which the injuries to him and resulting symptoms could have occurred other than Rolston. Rolston was a longtime family friend and was a paid care provider for Kirk.

In March, prosecutors charged Rolston with battery resulting in the death of a child, a felony charge. Rolston’s bond was set at $100,000.

Jackie Rolston

The lawsuit, filed by Kirk’s mother, Anissa Garza, accuses Rolston of careless, negligent and oppressive conduct to the defendant, resulting in his death.

“Garza has suffered loss of her child’s love and companionship, loss of her child’s services, psychiatric and psychological treatment expenses and attorney fees,” states the lawsuit.

It does not specify a dollar amount she is seeking.

Rolston has a history of abuse. A family discovered injuries on their two-year-old child’s face, ear and arm after being in Rolston’s care. When confronted, Rolston alleged they were the result of accidents the child had. However when the child came home with red marks around his neck so severe he could not turn his head, the family took him to a doctor that deemed the injury the result of abuse.

Rolston pleaded guilty to the neglect charge and was sentenced to an 18-month suspended sentence. The felony charge was later reduced to a misdemeanor. Rolston was also ordered to not engage in childcare as a commercial entity during the period of her probation.

Though Rolston was never licensed in Indiana as a daycare provider, according to WSBT 22, investigators determined her practice legal after observing she had fewer than five children in her home that were not related to her the day the incident occurred.