Left to right: Kodi Glenn Simon and Kateri Ann Simon (Mahoning County Jail).
A former U.S. Marine and his wife, both 30, have been arrested for allegedly causing the death of their 2-year-old daughter, who was asphyxiated in her crib when a heavy suitcase meant to keep her from escaping fell and pinned her down by her neck on the grounds of a Florida Air Force base.
Kodi Glenn Simon and Kateri Ann Simon were taken into custody last week near Cleveland, Ohio and charged with one count each of involuntary manslaughter in connection with the 2022 death of young Maeve Simon, records reviewed by Law&Crime show.
The federal indictment, filed in the Middle District of Florida earlier this month, does not provide details about the alleged crime but does accuse the parents of causing their daughter’s death by actions taken “without malice.”
“[O]n or about July 1, 2022, through on or about Nov. 27, 2022, at MacDill Air Force Base, Tampa, Florida […] the defendants Kodi Glenn Simon and Kateri Ann Simon, aiding and abetting one another, did unlawfully kill Victim 1, without malice, in the commission in an unlawful manner, and without due caution and circumspection, of a lawful act which might produce death,” the two-page indictment states.
Records from Kodi Simon’s court martial show that the incident took place in the couple’s home on the night of Nov. 26, 2022. A summary of the charges against him states that he endangered the safety of his daughter by placing her in a portable crib and then putting “a foam mattress and suitcase filled with books” on top of the crib.
“Such conduct constituted culpable negligence which resulted in grievous bodily harm, to wit: mechanical asphyxiation resulting in death,” the records state.
A report from the Florida Department of Children and Families obtained by the Tampa Bay Times provided additional context about the circumstances of Maeve’s death.
According to the report, Maeve had been having difficulties sleeping at night, often climbing out of her crib, then messing up her room and waking up her two siblings, ages 4 and 6. Concerned about Maeve’s behavior as well as her safety, the Simons tried to put the girl in a Pack N’ Play, but she was able to climb out of that as well.
The Simons attempted to cover the Pack N’ Play with a zip-on mesh top and put Maeve in a sleep sack that covered her legs and restricted movement, but the child was still able to escape, documents said. At some point, the couple began stacking the book-filled suitcase, which reportedly weighed about 50 pounds, on top of the mesh covering along with the children’s foam couch.
On the night in question, Kodi Simons said he put the three kids to bed between about 8:30 and 9 p.m. and continued hearing Maeve “babble” for an additional 15 minutes before she stopped, and he assumed she had fallen asleep. His wife came home a few hours later.
Kateri Simon, at about 9:30 the following morning, reportedly went into the children’s room and found Maeve inside the Pack N’ Play with the suitcase and other items, pinning her neck down. The parents immediately called 911, but the child was declared dead upon arriving at a local hospital.
“The parents knowingly placed items over the top of the toddler’s Pack N’ Play in an effort to keep her confined inside,” a DCF investigator wrote in the report. “Although they were not doing it for discipline purposes, and although they were not willfully trying to harm her, their actions ultimately led to her demise.”
Authorities noted in the report that Maeve’s siblings both appeared to be well cared for and the Simons reportedly had no previous incidents involving the welfare of their children.
Kodi Simon, who previously pleaded guilty to child endangerment at his court martial last year, waived extradition and is being transported from Ohio to Florida while Kateri Simon was released on a $20,000 unsecured bond, federal records show.
