Daycare owner admits to killing toddler, injuring sons

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SAN DIEGO -- A former operator of a Clairemont daycare facility pleaded guilty Wednesday to shaking an 11-month-old boy to death and hitting, choking and punching two of his own children.

James Patrick Nemeth, 39, is expected to be sentenced next month to 29 years and eight months in state prison.

Nemeth will have to serve 85 percent of the nearly 30-year sentence, said Deputy District Attorney Nicole Rooney.

On the eve of trial, the defendant pleaded guilty to voluntary manslaughter in the May 2012 death of Louis Oliver and child abuse for choking two of his sons, hitting them with a belt and punching one of them in the stomach.

"This doesn't quite give us closure ... it's not enough time ... but it's a step,'' said the dead toddler's father, Michael Oliver.

"Somebody's taken responsibility, and that's what we wanted ... for somebody to be held accountable for the killing of our son,'' he said.

Once Nemeth is sentenced, Michael Oliver and his wife, Cristina, plan to begin work to bring changes to the childcare and daycare system so that allegations of abuse at such facilities will be fully investigated and made public.

"We were in shock that this day was coming, it's been a nightmare for us for the last four years,'' she said.

According to evidence presented at his preliminary hearing last year, Nemeth was alone with Louis for about an hour the afternoon of May 23, 2012.

A San Diego police detective testified that Nemeth said he woke the child up from a nap and found him to be a "little limp,'' putting him in a car seat while he tended to other children. Nemeth told investigators that when he turned his attention back to Louis, he found him unresponsive and not breathing.

Rooney said Nemeth lied about when he called 911, dialing the emergency number only after he talked on the phone with his mother for four minutes.

The toddler was pronounced dead the next morning. Doctors testified that he had severe retinal hemorrhages and suffered non-accidental trauma.

Rooney said the defendant shook Louis about eight days before fatally injuring him, but the child survived that shaking.

Another San Diego police detective testified that Nemeth's adult daughter told investigators that her father had a temper and yelled at children at his daycare facility, where she also worked. She told police that her father would become frustrated when babies cried, the detective said.

A former employee told authorities that she called Child Protective Services after seeing Nemeth push a boy down a hallway and press the boy's nose against a wall, a district attorney's investigator testified.


  • CaptainPotatoHead

    I REALLY hope this POS gets the same torture while he’s in prison. He got off easy. He deserves to be executed.

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  • lu

    So killing an infant incapable of defending him/herself gives someone 29 years in prison really?! But killing an older man gives you life in prison! These are kids we are talking about. He should get life in prison. And definitely taking a step into changing the way things work around daycare facilities is something everyone should be looking into. These babies are our next generation.

  • Mom

    Horible! Why didn’t the Police do something the first time child protective services came out??? Poor family poor child. I hope you get what you deserve in jail. I wish and will pray you never get out. You should have never worked with children. But all you saw was money/ greed/ silent little voices, you are a monster! All child care places and schools and special needs school should get cameras in every room obviously not the bathrooms. No one should tolerate this kind of hate.

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