This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.nytimes.com/2019/02/17/nyregion/haya-konte-fire-children-bronx.html

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Her Daughters Died in a Fire as She Did Laundry. She Sobbed While Pleading Guilty. Her Daughters Died in a Fire as She Did Laundry. She Sobbed While Pleading Guilty.
(35 minutes later)
[What you need to know to start the day: Get New York Today in your inbox.][What you need to know to start the day: Get New York Today in your inbox.]
Everything Haya Konte had ever dreamed of for herself and for her family in America perished in a matter of minutes on April 13, 2016.Everything Haya Konte had ever dreamed of for herself and for her family in America perished in a matter of minutes on April 13, 2016.
That day, Ms. Konte, a young undocumented immigrant, stepped out of an apartment in the Butler Houses, a public housing complex in the Bronx, to get her two toddlers ice cream and to put clothes in the dryer at a laundromat across the street. She left the girls — aged 2 and 18 months — home alone with incense burning. She was under the mistaken impression a roommate was in the home at the time, she said.That day, Ms. Konte, a young undocumented immigrant, stepped out of an apartment in the Butler Houses, a public housing complex in the Bronx, to get her two toddlers ice cream and to put clothes in the dryer at a laundromat across the street. She left the girls — aged 2 and 18 months — home alone with incense burning. She was under the mistaken impression a roommate was in the home at the time, she said.
A fire tore through the apartment while she was out, killing both children. Ms. Konte was charged with criminally negligent homicide.A fire tore through the apartment while she was out, killing both children. Ms. Konte was charged with criminally negligent homicide.
“It’s a feeling I can’t forget,” Ms. Konte said, speaking publicly for the first time about her daughters’ deaths and the criminal charges that followed. “It’s something I will deal with for the rest of my life.”“It’s a feeling I can’t forget,” Ms. Konte said, speaking publicly for the first time about her daughters’ deaths and the criminal charges that followed. “It’s something I will deal with for the rest of my life.”
On Feb. 7, inside a third-floor courtroom at the Bronx Hall of Justice, Ms. Konte stood at the defense table flanked by her lawyer and an interpreter. Her head was dropped. Her shoulders were slumped forward. She tried to fight back tears, but failed.On Feb. 7, inside a third-floor courtroom at the Bronx Hall of Justice, Ms. Konte stood at the defense table flanked by her lawyer and an interpreter. Her head was dropped. Her shoulders were slumped forward. She tried to fight back tears, but failed.
Between sobs, Ms. Konte, 29, pleaded guilty to two counts of criminally negligent homicide in the deaths of her daughters Jainabu Jabbie, 2, and Adama Jabbie, 18 months. As part of the no-prison plea deal, she also agreed to voluntarily leave the country. The guilty plea had taken more than two years to negotiate.Between sobs, Ms. Konte, 29, pleaded guilty to two counts of criminally negligent homicide in the deaths of her daughters Jainabu Jabbie, 2, and Adama Jabbie, 18 months. As part of the no-prison plea deal, she also agreed to voluntarily leave the country. The guilty plea had taken more than two years to negotiate.
The deaths of Jainabu and Adama rattled the city, but struck a particular nerve with a segment of working-class New Yorkers familiar with the challenges of juggling parenthood, work and routine responsibilities.The deaths of Jainabu and Adama rattled the city, but struck a particular nerve with a segment of working-class New Yorkers familiar with the challenges of juggling parenthood, work and routine responsibilities.
The case also fed into a wider national debate over what constitutes negligence in the era of helicopter parenting. Some states, for instance, have passed laws making it illegal to leave a child alone at home or in a car. But others have pushed back, passing “free-range parenting” laws that set the bar higher for charging parents with neglect. Like many other states, child neglect laws in New York are broad and include any action that results in a child’s death or serious harm.The case also fed into a wider national debate over what constitutes negligence in the era of helicopter parenting. Some states, for instance, have passed laws making it illegal to leave a child alone at home or in a car. But others have pushed back, passing “free-range parenting” laws that set the bar higher for charging parents with neglect. Like many other states, child neglect laws in New York are broad and include any action that results in a child’s death or serious harm.
The authorities have said no adult was present when the incense came in contact with a couch, sparking the blaze. One child was lying on the couch and another was sitting on the living room floor, she said.The authorities have said no adult was present when the incense came in contact with a couch, sparking the blaze. One child was lying on the couch and another was sitting on the living room floor, she said.
The Bronx district attorney’s office ultimately determined Ms. Konte’s actions went so far beyond what a reasonable parent would do to keep her children safe that she had committed a crime. “The loss of these two young girls is a devastating consequence of their mother’s seemingly innocuous actions,” the district attorney, Darcel D. Clark, said at the time.The Bronx district attorney’s office ultimately determined Ms. Konte’s actions went so far beyond what a reasonable parent would do to keep her children safe that she had committed a crime. “The loss of these two young girls is a devastating consequence of their mother’s seemingly innocuous actions,” the district attorney, Darcel D. Clark, said at the time.
The Bronx district attorney’s office declined to comment on the decision not to seek a prison term. The offense is punishable by up to four years in prison.The Bronx district attorney’s office declined to comment on the decision not to seek a prison term. The offense is punishable by up to four years in prison.
In an interview with The New York Times, Ms. Konte described being haunted by her decisions that day. Her life has unraveled since the fire, which also injured 10 other people, including three firefighters.In an interview with The New York Times, Ms. Konte described being haunted by her decisions that day. Her life has unraveled since the fire, which also injured 10 other people, including three firefighters.
Born in France, Ms. Konte was raised in a small village in Gambia. She was 23 when she arrived in New York in 2012, seeking a better life as she left behind a poor economy and an oppressive regime at home. She found work as an on-call hair braider in salons.Born in France, Ms. Konte was raised in a small village in Gambia. She was 23 when she arrived in New York in 2012, seeking a better life as she left behind a poor economy and an oppressive regime at home. She found work as an on-call hair braider in salons.
She had entered the United States with a passport, officials said, but had remained in the country illegally. She said she entered the United States with a passport. But she had remained in the country illegally, officials said.
She said she had met a taxi driver, Bully Jabbie, online before arriving in the United States. They married, and their first child, Jainabu, was born in 2014.She said she had met a taxi driver, Bully Jabbie, online before arriving in the United States. They married, and their first child, Jainabu, was born in 2014.
“Life was good,” Ms. Konte said through a translator at the Bronx mosque where she worships. “I was happy to be a mother.”“Life was good,” Ms. Konte said through a translator at the Bronx mosque where she worships. “I was happy to be a mother.”
But soon after the birth of their second child, Adama, Ms. Konte said her husband began to change. He stopped helping as much with the children, she said, and most of the child care fell to her.But soon after the birth of their second child, Adama, Ms. Konte said her husband began to change. He stopped helping as much with the children, she said, and most of the child care fell to her.
The family was sharing an apartment with a friend who allowed them to stay temporarily in a third-floor unit at the Butler Houses on Webster Avenue in the Claremont Village section of the Bronx. Ms. Konte, pregnant with their third child, said her husband had tried to find a new place for the family to live; when he failed to do so, it became a point of contention in their marriage.The family was sharing an apartment with a friend who allowed them to stay temporarily in a third-floor unit at the Butler Houses on Webster Avenue in the Claremont Village section of the Bronx. Ms. Konte, pregnant with their third child, said her husband had tried to find a new place for the family to live; when he failed to do so, it became a point of contention in their marriage.
Ms. Konte said she remembers each detail from the day of the fire with raw clarity.Ms. Konte said she remembers each detail from the day of the fire with raw clarity.
She was four months pregnant. That morning, she had walked across the street to Webster Laundromat with her two daughters. She filled the washing machines with clothes before returning to the apartment.She was four months pregnant. That morning, she had walked across the street to Webster Laundromat with her two daughters. She filled the washing machines with clothes before returning to the apartment.
Once inside, Ms. Konte said Jainabu spotted an ice cream truck from the window. “Mommy, ice cream,” Ms. Konte recalled the little girl saying.Once inside, Ms. Konte said Jainabu spotted an ice cream truck from the window. “Mommy, ice cream,” Ms. Konte recalled the little girl saying.
She looked out the window, but the truck had left.She looked out the window, but the truck had left.
That evening, a second ice cream truck pulled up in front of the building. Ms. Konte ran down to catch it, but she missed it, she said. Her husband, she said, was praying in a mosque.That evening, a second ice cream truck pulled up in front of the building. Ms. Konte ran down to catch it, but she missed it, she said. Her husband, she said, was praying in a mosque.
She then returned to the laundromat to put her clothes in the dryer, leaving the girls inside. Her imam, Musa Kabba, of Masjid Ar Rahmah, said she was away from the apartment for up to 40 minutes before fire trucks arrived. She said she rushed out of the laundromat and fainted at the sight of one of her daughters being carried out of the building by firefighters. She then returned to the laundromat to put her clothes in the dryer, leaving the girls inside. Her imam, Musa Kabba, of Masjid Ar Rahmah, said she was away from the apartment for up to 40 minutes before fire trucks arrived. She said she rushed out of the laundromat at the sound of sirens and fainted at the sight of one of her daughters being carried out of the building by firefighters.
“I couldn’t take it,” Ms. Konte said.“I couldn’t take it,” Ms. Konte said.
The fire prompted intense debate on social media. Some expressed sympathy for Ms. Konte, saying the loss of her children was punishment enough for her carelessness, while others harshly criticized her as a mother and said she should be charged with a crime. There were no earlier reports of neglect, or complaints that she had left her children alone.The fire prompted intense debate on social media. Some expressed sympathy for Ms. Konte, saying the loss of her children was punishment enough for her carelessness, while others harshly criticized her as a mother and said she should be charged with a crime. There were no earlier reports of neglect, or complaints that she had left her children alone.
For her part, Ms. Konte said the fire was an accident and that she loved her children. Her cousin, Mohamed Gumaneh, said, “If she knew this would happen she would not even do the laundry.”For her part, Ms. Konte said the fire was an accident and that she loved her children. Her cousin, Mohamed Gumaneh, said, “If she knew this would happen she would not even do the laundry.”
Since the fire, Ms. Konte and the daughter she was carrying at the time, who is now 2, have been living in a shelter in the South Bronx. Ms. Konte and her husband divorced last year.Since the fire, Ms. Konte and the daughter she was carrying at the time, who is now 2, have been living in a shelter in the South Bronx. Ms. Konte and her husband divorced last year.
Ms. Konte arrived at court earlier this month with her daughter, who she said resembles Jainabu. The restless toddler looked on as Ms. Konte pleaded guilty for the deaths of her sisters. Ms. Konte arrived at court earlier this month with her daughter, who resembles Jainabu. The restless toddler looked on as Ms. Konte pleaded guilty for the deaths of her sisters.
Christine Scaccia, a senior prosecutor in the Bronx district attorney’s office, told Justice Ralph Fabrizio in State Supreme Court that prosecutors had met with Ms. Konte’s ex-husband and he found the plea to be “acceptable.” Mr. Jabbie could not be reached for comment.Christine Scaccia, a senior prosecutor in the Bronx district attorney’s office, told Justice Ralph Fabrizio in State Supreme Court that prosecutors had met with Ms. Konte’s ex-husband and he found the plea to be “acceptable.” Mr. Jabbie could not be reached for comment.
Ms. Konte said during the interview that she felt rushed into making a decision to take the plea offer. She also said she had been scared about going to trial.Ms. Konte said during the interview that she felt rushed into making a decision to take the plea offer. She also said she had been scared about going to trial.
Some community leaders and city officials questioned the Bronx district attorney’s decision to bring criminal charges against Ms. Konte.Some community leaders and city officials questioned the Bronx district attorney’s decision to bring criminal charges against Ms. Konte.
“There’s no punishment greater than what she actually lost,” Councilman Rory Lancman, a candidate for Queens district attorney, said, adding, “And the knowledge that she maybe could have prevented it. Why would banishment be appropriate? There’s no point to it.”“There’s no punishment greater than what she actually lost,” Councilman Rory Lancman, a candidate for Queens district attorney, said, adding, “And the knowledge that she maybe could have prevented it. Why would banishment be appropriate? There’s no point to it.”
Chris Gottlieb, co-director of the New York University Family Defense Clinic, said prosecutors had overreached. “Most of the time when parents lose a child we sympathize with them,” she said.Chris Gottlieb, co-director of the New York University Family Defense Clinic, said prosecutors had overreached. “Most of the time when parents lose a child we sympathize with them,” she said.
But Mark A. Bederow, a defense lawyer and former Manhattan prosecutor, said as a legal matter it was clearly negligent for Ms. Konte to have left her two young children home alone. “The charges were appropriate,” he said.But Mark A. Bederow, a defense lawyer and former Manhattan prosecutor, said as a legal matter it was clearly negligent for Ms. Konte to have left her two young children home alone. “The charges were appropriate,” he said.
Ms. Clark was also criticized for not filing criminal charges against a public housing maintenance worker who provided false information in safety reports and lied about the smoke detectors in Ms. Konte’s apartment hours before the fire.Ms. Clark was also criticized for not filing criminal charges against a public housing maintenance worker who provided false information in safety reports and lied about the smoke detectors in Ms. Konte’s apartment hours before the fire.
Ms. Konte is expected back in court March 27 for sentencing.Ms. Konte is expected back in court March 27 for sentencing.
She has not decided where she and her daughter will go when they leave the country.She has not decided where she and her daughter will go when they leave the country.
“This disaster happened by mistake,” Mr. Kabba said. “She has faith that a better life is coming. I’m praying for her.”“This disaster happened by mistake,” Mr. Kabba said. “She has faith that a better life is coming. I’m praying for her.”