A South Florida mother who was accused of neglect after her child was fatally shot by her sibling with an unsecured gun is hoping to get out of jail.
On Wednesday, Krystal Marie Banegas, the mother charged with aggravated manslaughter and several counts of child neglect, appeared in court, hoping to get house arrest and wait for her trial outside of jail.
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WATCH HERE“It's most important to get her released and get her into some therapeutic treatment,” said Alex Saiz, an attorney representing the defendant.
Banegas’s boyfriend, Quavanta Demettris Ennels, is also facing manslaughter and child neglect charges along with possessing a firearm by a convicted felon.
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The shooting happened back on Nov. 5 at a home near Northwest 21st Avenue and Northwest 81st Street in West Little River.
Josalyn Marie Taylor-Rolle was shot in the head by one of her siblings, who was also a child.
Banegas’s attorney argued that his client would cooperate with any court order, including a stay-away order from her children.
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Alex Banegas, the defendant's father, has full custody of one of her children. In court, he promised to prohibit his daughter from seeing her child, if released.
However, Judge Christine Bandin was concerned Banegas could have already violated a stay-away order because she was indirectly communicating with her other children, who are under the case of the victim's father.
Joshua Taylor-Rolle, Josalyn’s father, told the court he would deliver messages between the defendant and the two children they share.
State attorneys are hoping the judge grants their request for pre-trial detention because they don’t trust the defendant.
The judge is expected to hear more testimony on Thursday.
