Wednesday, March 10, 2010

Accident or Choice!

I thought I would take moment to address an issue which has surfaced in postings on our Facebook page; Justice for Heavenlee!!!

To begin with, numerous people have commented to us privately regarding our decision to allow unlimited postings on the Justice for Heavenlee!!! Facebook page.
If you take the time to read through all the comments, you'll notice a number of postings from both the mother of Heavenlee, as well as other family members.

We are firm believers in free speech and we welcome their comments as it allows them to speak their minds and give us a glimpse into the mindset of those who do not see this situation as we do.
Everyone posting an opposing opinion makes it very clear that this situation was an accident. In fact, most make it a point of capitalizing the word ACCIDENT in order to emphasize their position.

Having read the accident report from the Indiana Sate Police; having talked to Indiana State Trooper Finney (the responding officer who filled out the report) and members of Station 8 who were the primary emergency responders responsible for rescue operations at the scene of the crash; having seen the crash scene photos; having talked to legal folks who are familiar with the legal aspects of this situation, I can definitively state one unquestionable fact.

The car crash which Heavenlee-Angle Johns was involved in was an accident! Pure and simple. Automobile accidents happen all the time. I, myself, have lost a number of family and friends to automobile accidents.

However, having read the accident report from the Indiana Sate Police; having talked to Indiana State Trooper Finney (the responding officer who filled out the report) and members of Station 8 who were the primary emergency responders responsible for rescue operations at the scene of the crash; having seen the crash scene photos; I can definitively state one unquestionable fact.

Heavenlee-Angel Johns was not restrained in a proper, state-mandated child safety seat, despite the fact that the law; IC 9-19-11-2 requires that any child under 8 years of age must be restrained in the correct child restraint system or the driver is guilty of a class D traffic infraction and thus subject to a $25.00 fine. Any child less than 8 years old but over 70 pounds may be restrained in a booster seat and therefor satisfy the law.

Heavenlee was 5 years old and weighed 35 pounds at the time of the crash.
Had she been properly restrained, her injuries would have been far less severe, resulting in only some bruising or perhaps a few lacerations. The fractured cervical vertebrae and spinal cord injuries resulted directly from the blunt force trauma encountered due to her upper body not being properly restrained and impacting the seat as she reacted to the basic Laws of Physics. This analysis is based upon detailed research from both NASCAR and NASA, as wellas JAMA.
As parents of 5 children and grandparents of 12 grandchildren, we couldn't imagine ever going anywhere in a car with our children or grandchildren and not ensuring their safety to the best of our ability.
Someday, this may happen again to some other family and when it does, the actions we take now will ensure that someone is held responsible and justice is served on behalf of the injured/killed child who trusted someone to protect them from harm.

God bless all of you reading this!

James & Amanda Wallace


  1. How could you have loved this child from the day of her birth? You weren't around then, as Heavenlee's mother and Dane were still in a relationship.
    I'd also like to know exactly what type of child restraint Dane (and yourself) used for her when Heavenlee was in his care. I'd like to know what the date of manufacture is as I don't think it would be too wild to say that it's possible that it's expired. I'd also like to know how it's installed, as it probably wasn't installed properly in the first place. And I'd like to see how it was used, as it probably wasn't used correctly either. 95% of car seats aren't used/installed correctly. So don't get up on your high horse and preach about all the good things you think you're doing, when you are telling lies. It's terribly sad that Heavenlee has been injured in this accident. But never in a million years would her mother harm her on purpose. There are many people who aren't aware of the details of car seat laws. And even then, most people don't know that the law is bare minimum and in no way shape or form best safety practice. I would put money on the fact that you and Dane did not ever have her properly restrained either. Simply putting a child in a restraint isn't going to do any good if you don't know how to use it properly.

  2. It is so comforting to see such concern regarding Dane & Jamie's choice of child safety seat for Heavenlee after the fact.
    We do however appreciate the opportunity to speak to this issue.
    6 months prior to Heavenlee's injuries, Dane & Jamie were given 3 child safety seats from the C.H.A.N.C.E.S. for Youth program, a non-profit organization which has an outstanding chapter located right here in Terre Haute. Prior to that, they had purchased new child safety seats from Walmart the year before. The make/model are unknown to us but they were brand new and both Dane and Jamie had sought training from C.H.A.N.C.E.S. for Youth to insure they were operating them correctly.
    For those of you who may not be aware of this organization, please allow us to praise their efforts on behalf of child safety. The staff of that organization, including Julie Wheatley and Brandon Halleck are highly dedicated and informed people who care a great deal about providing free child safety seats to those in need and providing training in the use of child safety seats in automobiles.
    The particular model that Heavenlee was provided is a Ventura High Back Booster Child Restraint, manufactured by the Dorel Juvenile Group, Inc. of Columbus, Indiana. This child restraint is designed for use by children whose weight range is 22-80 pounds (10.1-36.3 kg) and whose height range is 34-52 inches (85.1-132.1cm) and was selected by the C.H.A.N.C.E.S. for Youth people specifically for Heavenlee's weight and height. It incorporates a 5-point harness restraint system, which is based on designs by NASCAR engineers. Its date of manufacture was January, 2009 and has an expiration date of January, 2014.
    In addition, when the Ventura High Back Booster Child Restraint was provided to Dane & Jamie Johns, the staff offered training in the proper use and operation of this particular model. They requested a demonstration by both Dane and Jamie of their knowledge in using this style of child safety seat in order to determine what further training was required so as to ensure proper operation and maximum safety for Heavenlee. Following the demonstration, the staff, including Julie Wheatley and Brandon Halleck were greatly impressed by both Dane and Jamie's continued understanding of the proper use of this style of child safety seat. Dane and Jamie were told by the staff of C.H.A.N.C.E.S. for Youth that they required no additional training. They were also very impressed with both Dane and Jamie's understanding of the use of anchor latches and that they had employed both anchor latches and seat belt restraints when using the previous child safety seats, as well as the Ventura High Back Booster Child Restraint they now were using. We might also point out that Dane & Jamie made it a point of immediately registering the Ventura High Back Booster Child Restraint with the Dorel Juvenile Group, Inc. of Columbus, Indiana in order to insure that if any recalls or issues were made public that they would be the first to know.
    Heavenlee, along with her two brothers, never rode in our vehicles as we deemed Dane & Jamie's vehicle to be much safer and more comfortable for all when traveling.
    Since we have now provided the information you (who chooses to remain anonymous) requested, perhaps now you might provide for us the make, model, date of manufacture and expiration date of the child safety seat the birth-mother was using to ensure Heavenlee's safety?

  3. Apparently you pick and chose which questions you want to answer. You avoided my question regarding your statement on how you've loved Heavenlee since the day she was born. How is that so? You didn't know her the day she was born.
    As far as what child restraint Heavenlee's mother used for her, we know the answer to that. Why be an asshat and ask that question? You are so quick to tear down a mother and use her child's situation for publicity. It's really disgusting. Dane has been minimally involved in Heavenlee's life since he and Heavenlee's mother split. When she was in his care, he (putting it nicely) is borderline abusive towards her. Instead of helping her learn to toilet train, he scolds her and makes her sit in a soilded diaper to "learn her lesson." Instead of helping her, he puts tobasco sauce in her mouth. He doesn't have custody of her, and does not pay child support.
    The reason I questioned what type of child restraint Dane used with Heavenlee is because you're so quick to tear apart a loving mother who was simply unaware and uninformed. What is your proposed solution for parents who simply do not know. You make it seam like Heavenlee's mother purposely set out to hurt her child, when that is not the case. You are setting out to hurt the person who loves Heavenlee the most. It's also terribly degrading to refer to her as Heavenlee's biological mother. Eugenia is Heavenlee's ONLY mother. Jamie is not Heavenlee's mother. She never has been, and never will be. Just because she is married to Dane, does not make her any type of mother to Heavenlee.
    I absolutely understand the underlying changes you are trying to make with Indiana's law. I just do not agree with the way you are going about it. You could take a different road, make your stance, and bring awareness to the cause without the negativity and bashing against the one and only person who is taking care of Heavenlee day in and day out, and who loves her and would never intentionally harm her. I also believe that bring awareness to car seat safety would be more productive and save more lives.
    You also claim to support freedom of speech, but yet you delete comments on the Justice for Heavenlee facebook page. That's highly hypocritical. So you only support freedom of speech when it's beneficial to you?

  4. I almost always put heavenlee in a car seat the was best for her until she got to big for it she is 50 IN taller she could not fit in one of those that the DR say would save her form it so i had only one other thing to put her in and that is a booster seat since DANE does not pay child support on her and will never give me money to buy thing that she need the DR looked in to it that the only way to get the car seat that would of save her would be to have it made for her and it would cost $2000 if not more money i do not have that kind of money do you want to pay for it for her i would said not since you guys have never help out too just like dane he is not a father he is just a sperm donor and me and my mom got about 6 if not more car seat and stop call me heavenlee brith mother Im her only mother and that the way it will stay she does not like DANE or JAMIE but she she does loves me and MY FAMILY so why don't you guys stop it NOW you have no right you guys are nothing to HEAVENLEE and if I get to keep her you GUYS will not ever get to see her untill she turn 18 because of what you guys are doing DANE use to HURT HEAVENLEE and how about when DANE fell a sleep when he was babysitting JAMIES and HIS other KIDS that show very bad parenting right there you guys can not say it did not happen because it did i know Im the only the one that got the call from the little boy tell that and to come over and get him now how do you think of DANE I have never fell a sleep when i was taking care of heavenlee so stop talking about me you know not a thing about me and you guys never talk to the DR that looked in to it for me and to me what would of saved her so shut up NOW