Pair arrested after infant left in hot car is admitted to the hospital in critical condition
Staff report
GAINESVILLE, Fla. – Nicole Michelle Buchmiller, 40, and James Michael Tompkins, 44, were arrested yesterday after allegedly leaving their infant in a hot car for two hours; the infant was reportedly admitted to a hospital in critical condition.
At about 5:29 p.m. on August 28, an Alachua County Sheriff’s Deputy responded with EMS personnel to the Palms of Archer Mobile Home Park after a call about a one-month-old infant who had been left unattended in a car for over two hours and was gasping for air.
The deputy reported that when he arrived, the child was struggling to breathe, and the child was transported to the hospital with a rectal temperature of 104 degrees. The deputy reported that medical personnel were able to reduce the child’s internal temperature, but they had to intubate the child, who was considered to be in critical condition at the time the report was written.
The deputy’s investigation found that Buchmiller took the infant with her when she went to pick up two other children from school, and she returned at 3:15 p.m. Tompkins was reportedly playing video games when the others came home, and he reportedly said he heard them come in, but he did not actually see them. He said he assumed that Buchmiller had brought the infant inside with her.
At about 5:26 p.m., Tompkins said, Buchmiller asked him where the baby was, and he said he thought Buchmiller had her. They checked the baby’s bedroom, then checked the car, where they found the infant struggling to breathe and hot to the touch; Buchmiller immediately called 911. Tompkins reportedly said this was a “freak occurrence” that had never happened before and that both of the adults were struggling with a chronic lack of sleep. Tompkins also reportedly said the infant had been in a Neonatal ICU for the first three weeks after her birth.
A deputy spoke with Buchmiller at the hospital, and she reportedly said that when she got home from picking up the other children from school, she hurried inside to get back to work. Around 5:20 p.m., when she finished work, she thought it was odd that the baby had been so quiet, so she asked Tompkins if the baby was sleeping. When he said he thought she had the baby, she realized she had left the baby in the car and went to get her; when she found the baby “gasping for air,” she called 911.
The deputy noted that the infant’s stay in the ICU “indicated that the child required more attention than an average newborn” and that the adults “should reasonably be more attentive and responsible.” The report concluded, “Neither [Buchmiller or Tompkins] gave a reasonable explanation that would have absolved them of the negligence, and the sheer severity of the circumstances clearly arose to a criminal level.”
Buchmiller has been charged with child neglect with great bodily harm and leaving a child unattended in a motor vehicle with great bodily harm. She has no local criminal history and has been released from the jail.
Tompkins has been charged with child neglect with great bodily harm. He has no local criminal history and has been released from the jail.
Articles about arrests are based on reports from law enforcement agencies. The charges listed are taken from the arrest report and/or court records and are only accusations. All suspects are innocent until proven guilty in a court of law.
Should have been attempted murder. Released from jail is crazy.
Doesn’t meet attempted murder threshold
https://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/charged-attempted-murder.htm
Look this is a nightmare I no it was bad but in her defence Nichole is a good mother and she loves her kids she has a lot going on but she don’t use drugs nor do she do any thing she ain’t supposed to do I no her and been around her all her life and she is a mom that thought she couldn’t have a child so I no when she got pregnant it was a miracle for her she was not in a right mind state she fucc up not everyone is perfect people you don’t no her .so stop
What am I missing? Baby mama left with kid. Baby mama left the kid in the car when she got home. So how exactly is he getting charged?
Two hours he never once checked on his baby, asked to see her does she need food, diaper changed, the mother was working from home. The baby needed extra care due to being in the nicu. He just kept playing those video games a middle-aged man. He should be totally charged right along with that mother. That is a baby that should be never out of there sight.
The mother is there was she not? And she last had the baby? So if he was asleep, are you saying he should have set an alarm to check on the baby despite the mother having the baby?
No, she was at home and working. I imagine it’s his responsibility to watch the children when she “got back to work”. Video games instead of cleaning, laundry, picking up the other two kids so she didn’t have to leave work in the first place. If they’re sleep deprived, sleep instead of video games. If he isn’t charged with child neglect, he’s damn sure on the wife neglect list.
Willy Nilly, asleep would be a different story, but as mentioned before, he’s a middle aged man playing videos in the middle of the day…..while working mom stops working, loads up the baby to get the other kids from school….not saying she’s innocent but she’s probably exhausted!! Clearly he is useless except for making babies that he can’t take care of. They’re both guilty….if you can’t take care of your kids stop having more! And I’m sure all the kids are govt babies. Enough already!
The world would be a better place if people started being more responsible especially when it comes to creating another life.
Hey I no it’s wrong but she is a good mom and no her kids ain’t gov babys she is tired and she is responsible.ive know. Her all her life she would never just leave her baby she thought she couldn’t have babys it was a miracle she was able to she she and Dad is in the wrong absolutely they should have been more cautious in caring where the baby was I get that part but there had to be a reason why she was so exhausted and she couldn’t remember that the baby was in the car she is a very responsible woman I know this I always known this she raised her brothers and sisters she is not a monster she is just a tired mom that basically must be going through something I haven’t seen her in some years but I know she moved out to Florida to get her life together and to have a better life for her children so everybody out on here sitting here making judgment should really look at their own family in their own skeletons in their closet this girl don’t do drugs she doesn’t do no criminal activity she is a good girl she made a mistake a mistake that she’s living with leave her alone
Not going to lie…..I know this is “neglect” but being the baby is one month I wouldn’t assume that she tried to hurt the baby. She clearly took the baby with her while picking up the kids. From one mom to another, she’s overwhelmed and his overly grown a— playing video games. HE didn’t even make sure to look and see them physically when they arrived home or he typically gets the kids out and her mind could have been everywhere. I feel so bad for her.
I agree. Plus, she was working, which is why she had to rush back inside. So…while she is on the clock, she is also running to get kids from school, takes the newborn with her, while poop for brains is playing video games all afternoon?! Punishment for him should include a leftime BAN from video games. He may be surprised at how productive he can be, once he gets over the video game withdrawals…!!
Punishment should be them being left in a hot car.
There’s ZERO excuse for leaving a child or an animal in a vehicle – especially in this type of heat.
He looks like a doper. She…..just plain dumb. Place them both in a car parked in the sun with the widows up.
No she’s over worked and he has medical problems not drug. Problems
Sorry to break it to you but they don’t do dope they don’t do no criminal activity they are actually nerds so stop with the assuming that somebody’s on dope and leave the girl alone yes she was in the wrong he was in the wrong they f****** made a mistake that they’re living with that they have to deal with the consequences not you not anybody else for that case y’all your assumptions are b******* how about that
Some people are not fit to reproduce. I have left my phone in the car, my wallet sometimes, even groceries I’ve missed. In all my time as a father, I have never not know exactly where my children are at any given time. To forget a child in the car is asinine and there is no excuse anyone can give to justify it. Severe incompetent negligence is all it can be and she deserves to be charged. Him, maybe. Should have had the wherewithal to notice a missing newborn child but hey, those games can be demanding sometimes.
Leaving your infant child in a closed vehicle in the heat is not a freak accident. There are three children living in the house. Playing video games as adult parent and chronic lack of sleep is not an excuse for not being a responsible parent. I am willing to give him the fact that his chronic sleep issue and playing video games may be connected but I think there may be a hint of substance abuse too. Mom is just as bad. How do you walk into the house without your infant child being carried by yourself?
The father was playing video games
It’s funny that ordinary citizens get arrested when they leave a child in the car a few years back states attorney and then his wife is also a lawyer left her child in a car in Columbia county and the child died. The states attorney from alachua and county investigate and he found that they did not commit a crime so how in the hell the other people get arrested when they did not
A Columbia County public defender will not be charged in the May 13 death of his 16-month-old daughter after she was mistakenly left all day in a hot car in Lake City, according to the Gainesville-based prosecutor assigned to the case by the state.
Calling it “a tragedy that I know was not easy for anyone to investigate,” Assistant State Attorney Sean Brewer said his office would not file charges against Young Kwon in his letter sent to a Florida Department of Law Enforcement investigator.
The State Attorney may also not file charges in this incident. Time will tell.
These people were arrested and took to jail. The lawyer was never arrested or took to jail I don’t understand the difference everyone should be treated the same no favoritism
I once forgot our new baby in a car for a few minutes – I panicked when I realized it, and ran back to the car to get her. I thank God that I remembered quickly, before she was injured by my forgetfulness (sleep deprived, yes…). I felt so terrible for that lapse in attention.
It’s a tragedy that this little one was hurt. I don’t know the parents, but this seems to be clearly a mistake, not intentional neglect.
I am hurting for this family. I pray that the baby recovers quickly and fully. What a terrible ordeal for the whole family.
The consequence of an injured baby is already a terrible price that these parents have paid. Law enforcement should have let them be with their baby and/or frightened other children. Lots of awful ripple effects from the police response here. There were 2 other children involved as well. Does anyone really think that foster care for those children is an appropriate response to this situation?
They called 911 as soon as they realized their terrible mistake. That’s not the behavior of parents who don’t care.
Anyway, this punishment would fit a crime, but is an unintentional mistake in judgment, even a one with tragic results, really a crime?
Baby is doing better and doing great
So she drove to work for two hours in the *same* car? Then came home to ask where baby was? I’m confused… 🥺
I was under the impression that she works from home…
What “work from home” job does she have?
Naw that was done on purpose
No she was doing work and her husband was playing video games
She was probably doing work