Doug Grote received a 12 month suspended sentence last week on a misdemeanor child neglect charge stemming from the death of his daughter Kristen.
By Ken Odor
An associate pastor at Cool Springs Baptist Church learned last week that he will not spend time in jail for the death of his 3-year-old daughter last year. A tearful Doug Grote embraced his wife Diana after the hearing, as well-wisher s crowded around the couple.
The couple’s daughter, Kristen, died after being left unattended in the family’s SUV for eight hours in the church parking lot last August. At Grote’s trial in December, he testified that he forgot to take his daughter into the church, where she attended daycare, and only remembered when he and his wife went to daycare to pick her up at the end of the day.
After an hour-long proceeding, Judge Paul A. Sheridan of Arlington sentenced Grote, 32, to 12 months on the misdemeanor child neglect conviction, with all time suspended. Grote was placed on five years of supervised probation, and will be required to perform 200 hours of community service.
“ You’ll never sentence a finer man,” said Ramon E. “Trip” Chalkley III, Grote’s attorney. “We’re sentencing a man today for making a human mistake,” he said, arguing that it would be far more beneficial for Grote to continue his good works in the community than to spend time in jail.
The prosecution had asked for a 12 month sentence, with six months suspended.
Earlier, Diana Grote sat quietly with eyes closed in the front row of Hanover Circuit Court, occasionally wiping away tears as she waited for the hearing to begin. A hushed crowd composed mainly of the couple’s supporters filled the courtroom.
Before pronouncing sentence, Sheridan heard testimony from Diana Grote, as well as two others.
Cool Spring Baptist Church Pastor Larry Frakes assured the judge that Grote’s job as assistant pastor for recreation was not in jeopardy. “We stand behind him 100 percent,” said Frakes, who added that Grote’s commitment to his ministry was as strong as ever. Frakes said Grote continued to be effective in his job, and was still effective in his work with young people.
“ To see the kids following him around,” said Frakes. “He has brought in kids who wouldn’t have had an opportunity to play.”
Gregory C. McCaslin, who founded the youth athletic ministry Upward in Spartanburg , S.C. in 1986, said Grote was one of the program’s best ministers. “He does it better than it is supposed to be done,” said McCaslin. “I don’t personally understand why this happened, but I know God will use it to reach more people,” he said.
Diana Grote reinforced McCaslin’s point during her testimony. “God’s going to allow him to turn this tragedy into something good,” she said. Under questioning from Sheridan, Diana said that both she and her husband had seen counselors. “Right now, he still struggles with what happened,” said
Diana. “Every day is a struggle, it’s just constant pain for him.” Diana said she and her husband talk about Kristen often, and their marriage is sound. “If anything, it’s gotten stronger,” she maintained.
“ This case must have a deterrent value,” said Commonwealth’s Attorney Kirby H. Porter, in asking the court to impose six months of incarceration, and six months suspended.
“ The deterrent value is the sentence itself,” countered Chalkley.
Sheridan said he could find no principle of comparability to apply in the case. “I have never seen a similar crime,” he said. “If I thought it would save one child I would sentence you to 12 months.”
Sheridan called Diana Grote “an heroic figure,” and said her husband did not need jail time to be rehabilitated. “You are the rehabilitator. I see nothing in punishment, deterrence, or rehabilitation that puts you in jail.”
Sheridan said that the 200 hours of community service were as much for the benefit of Grote as anything else. “You are still required to stick to community service even if you feel like withdrawing,” he explained. “You need help, a community of help.”
Sheridan said the case should send a strong message to the community, saying that anyone who sees a child sweating in a vehicle on an 86 degree day shouldn’t drive away and go shopping. “If you see a child in danger, do something,” said Sheridan.
Tony Ramirez, Minister of Member Development at Cool Spring called the Sheridan’s comments at the sentence compelling. “The church and the community understand that the judge knows who Doug is,” said Ramirez, who added that churches under less stress have buckled. “The community was watching how the church would react.” Ramirez said, “Doug told me, ‘I can’t imagine someone going through this without a loving family, a wife, and a church. It would be far worse.’”
“ I can’t say I disagree with the judge’s sentence,” said Porter after the trial. “Our goal was to see the standards of justice equally applied,” he said, adding that if someone other than the parents had committed the oversight that led to the girl’s death, the community “would have been up in arms.” Porter said his sentencing request for time in jail was designed to send a clear deterrent message to help prevent other people from making the same mistake, but added, “Nothing can punish him [Grote] more than he has punished himself.”
Chalkley called the sentencing fair, and said Sheridan was one of the top judges he had ever appeared before. “The people who really understood the facts agreed with the sentence,” said Chalkley.