Inset: Asher Johnson (WOOD). Background: Olivia Miller (WZZM)
A Michigan mother has entered a plea to charges for leaving her infant son in the bathtub, where he drowned while she was on the phone for 20 minutes.
Olivia Miller, 23, entered a no-contest plea on Monday to involuntary manslaughter in the death of 8-month-old Asher Johnson, court records show. As part of the plea agreement, she faces up to a year in jail.
As Law&Crime previously reported, the case came to light on Nov. 22, 2023, when mom called 911 at about 3:38 p.m. and told the emergency dispatcher that her son had just drowned in the bathtub of her home in the 4600 block of 16 Mile Road Northwest, Grand Rapids NBC affiliate WOOD reported. Once there, first responders found the infant lying face up on the floor and began performing lifesaving procedures. He died at a hospital.
Miller told detectives she had placed her son in the bathtub filled a few inches with water flowing, then went one room over to change the laundry. She claimed she returned after about five minutes to find her son floating faceup in the water with his mouth and nose beneath the surface. She then said she tried to resuscitate Asher until authorities arrived.
However, over time, Miller’s claims about what took place that day changed, authorities said.
“Throughout the investigation, Olivia (Miller) gave varying stories of what occurred surrounding Asher’s death,” deputies wrote in a probable cause affidavit obtained by MLive.
According to the report, investigators obtained data from Miller’s cellphone that appeared to undercut what she had been telling police. The data reportedly said Miller began using her phone in various capacities at 3:17 p.m. and that she used the device continuously — taking only a single break that lasted 18 seconds — until she called 911 about 21 minutes later.
About four minutes before calling 911, Miller reportedly sent her dad a text that read, “Just trying to talk while I have time while Asher’s taking a nap.”
Miller then reportedly called Asher’s paternal grandmother two times and told her the baby had drowned before she called 911.
An autopsy conducted by the county’s chief medical examiner determined that Asher’s cause of death was drowning. The medical examiner also estimated that the infant had been lying on his back on the floor for a minimum of 20 minutes before authorities arrived at Miller’s home.
Miller’s attorney, Frank Stanley, told WZZM that it was important to point out there was “no indication of intentionality” regarding Miller’s actions.
“This is a tragic situation,” he said. “She has suffered tremendously emotionally from the death of her child — she loves that child.”
Miller is set to be sentenced in early November.
Law&Crime’s Jerry Lambe contributed to this report.
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