Records show an agreement totaling $625,000 has been reached to settle a wrongful-death lawsuit in the child abuse death of 2-year-old Meeker toddler Kelsey Smith Briggs, but a decision on how the money will be disbursed isn’t expected for two months.
A federal judge approved the settlement Monday. The state of Oklahoma has paid $525,000 and a private agency that contracted with the state’s Department of Human Services to oversee the child’s case has provided another $100,000 to settle the suit filed by the child’s father, Lance Briggs of Shawnee.
Kelsey died Oct. 11, 2005, at her home near Meeker, where she lived with her mother and stepfather; cause of death was blunt force trauma to the abdomen. At the time of her death, Kelsey was being overseen by the courts and child welfare workers because of suspected abuse.
Kelsey’s father was returning to Oklahoma from the military when she died. In 2006, he filed suit against DHS, its director and others, alleging Kelsey died because of failures at DHS. The civil case has been making its way through the courts for more than three years.
“Me and my attorneys, Derek Burch and Joe White Jr., settled with the state in federal court and received the maximum amount allowed by law,” Briggs told the News-Star Tuesday. “Now we will move forward to the next hearing and the federal judge will decide how to disburse the money.”
According to the agreement, Briggs’ attorneys will get 40 percent of the settlement plus $29,902 for expenses, leaving about $345,100 to disburse.
It will be up to a federal judge to determine if Kelsey’s mother, Raye Dawn Smith, 29, is entitled to receive any of that money.
Smith, who faced trial in July 2007, was convicted of enabling child abuse in Kelsey’s death and is currently in prison. During her trial, jurors heard about the 10 months of Kelsey’s life before her death, including injuries involving a broken collar bone, two broken legs and numerous bruises.
Following her trial, Smith said she didn’t hurt Kelsey and said, “I didn’t sit back and let it happen.”
Kelsey’s stepfather, Michael Lee Porter, 29, was initially charged with first-degree murder in the child’s death. He is currently serving 30 years in prison after pleading guilty in February 2007 to enabling child abuse, although he blamed Smith for Kelsey’s death.
Briggs said Smith shouldn’t be entitled to any of the money.
“I believe Raye Dawn Smith abused and allowed the abuse of Kelsey. Raye Dawn was convicted of enabling Kelsey’s abuse and sentenced to 27 years in prison—she does not deserve one red cent,” Briggs said.
“I would be shocked if the judge gave her anything. All that Raye Dawn needs is to serve time in prison and think about all the pain she has caused,” Briggs added.
The $100,000 part of the settlement was paid by Eastern Oklahoma Youth Services, which was under contract with DHS and had a worker assigned to Kelsey in the months before her death, with the last home visit occurring the same day Kelsey died.
Court records show that both the state of Oklahoma and Eastern Oklahoma Youth Services continue to deny wrongdoing in this matter despite paying the settlement.
Kelsey’s death prompted a new Oklahoma law in her name that was aimed at improving training of court-appointed child advocates and to makes judges more accountable for their rulings in child-placement cases.
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The Associated Press contributed to this report.
Kim Morava may be reached at 214-3962.
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Records show an agreement totaling $625,000 has been reached to settle a wrongful-death lawsuit in the child abuse death of 2-year-old Meeker toddler Kelsey Smith Briggs, but a decision on how the money will be disbursed isn’t expected for two months.
A federal judge approved the settlement Monday. The state of Oklahoma has paid $525,000 and a private agency that contracted with the state’s Department of Human Services to oversee the child’s case has provided another $100,000 to settle the suit filed by the child’s father, Lance Briggs of Shawnee.
Kelsey died Oct. 11, 2005, at her home near Meeker, where she lived with her mother and stepfather; cause of death was blunt force trauma to the abdomen. At the time of her death, Kelsey was being overseen by the courts and child welfare workers because of suspected abuse.
Kelsey’s father was returning to Oklahoma from the military when she died. In 2006, he filed suit against DHS, its director and others, alleging Kelsey died because of failures at DHS. The civil case has been making its way through the courts for more than three years.
“Me and my attorneys, Derek Burch and Joe White Jr., settled with the state in federal court and received the maximum amount allowed by law,” Briggs told the News-Star Tuesday. “Now we will move forward to the next hearing and the federal judge will decide how to disburse the money.”
According to the agreement, Briggs’ attorneys will get 40 percent of the settlement plus $29,902 for expenses, leaving about $345,100 to disburse.
It will be up to a federal judge to determine if Kelsey’s mother, Raye Dawn Smith, 29, is entitled to receive any of that money.
Smith, who faced trial in July 2007, was convicted of enabling child abuse in Kelsey’s death and is currently in prison. During her trial, jurors heard about the 10 months of Kelsey’s life before her death, including injuries involving a broken collar bone, two broken legs and numerous bruises.
Following her trial, Smith said she didn’t hurt Kelsey and said, “I didn’t sit back and let it happen.”
Kelsey’s stepfather, Michael Lee Porter, 29, was initially charged with first-degree murder in the child’s death. He is currently serving 30 years in prison after pleading guilty in February 2007 to enabling child abuse, although he blamed Smith for Kelsey’s death.
Briggs said Smith shouldn’t be entitled to any of the money.
“I believe Raye Dawn Smith abused and allowed the abuse of Kelsey. Raye Dawn was convicted of enabling Kelsey’s abuse and sentenced to 27 years in prison—she does not deserve one red cent,” Briggs said.
“I would be shocked if the judge gave her anything. All that Raye Dawn needs is to serve time in prison and think about all the pain she has caused,” Briggs added.
The $100,000 part of the settlement was paid by Eastern Oklahoma Youth Services, which was under contract with DHS and had a worker assigned to Kelsey in the months before her death, with the last home visit occurring the same day Kelsey died.
Court records show that both the state of Oklahoma and Eastern Oklahoma Youth Services continue to deny wrongdoing in this matter despite paying the settlement.
Kelsey’s death prompted a new Oklahoma law in her name that was aimed at improving training of court-appointed child advocates and to makes judges more accountable for their rulings in child-placement cases.
———
The Associated Press contributed to this report.
Kim Morava may be reached at 214-3962.
