NEW PARIS, Ind. — Would a registry for those convicted of child abuse have kept an Indiana family from losing a son and grandson who was in the care of a longtime family friend?

It’s a question that will always haunt Angie Garza after the death of her grandson, Kirk Antonio Coleman.

The 19-month-old was born on St. Patrick’s Day in 2013. He died Oct. 29, 2014.

At the time of his death, Kirk’s babysitter in New Paris, Indiana — Jackie L. Rolston — told the family he had choked while eating scrambled eggs, Garza told The Goshen, Indiana News last March.

According to the probable cause affidavit charging Rolston with felony battery of a child causing death, she was babysitting the toddler Oct. 29, 2014, and called 911 to report that a 19-month-old child was unresponsive due to choking on food at her home in New Paris, Indiana.

Paramedics arrived and found Kirk Coleman unresponsive, but with no blockages to his mouth or throat, according to the charging affidavit. He was transported to an area hospital and pronounced dead.

Rolston told police she had been babysitting the boy since 5:15 a.m. that day and he had been happy and acting fine all morning with no problems. He had been walking, playing, watching television and interacting with her and other children, according to the affidavit.

However, an autopsy performed on the toddler showed significant injuries to his brain, both optic nerves and both retinas, according to the affidavit. The cause of Coleman’s death was ruled as blunt force injuries to his head. Dr. Shannon Thompson, assistant professor of clinical pediatrics and child abuse pediatrician at Riley Hospital for Children, also ruled the death was a result of abusive head trauma and not choking.

It was not Rolston’s first arrest. According to court documents, Rolston was charged with felony battery upon a child and neglect of a dependent in December 2006. She pleaded guilty to the neglect charge in March 2008 and the charge of battery upon a child was dismissed. That’s something Garza said she did not know about Rolston.

Since the death of her grandson, Garza has spearheaded an effort to create a convicted child abuse registry.

“I want justice for Kirk,” Garza said, wiping the tears from her eyes. “It’s difficult especially during the holidays. She (Rolston) gets to sit at home, enjoy the holidays and spend time with her family. I don’t.”

She said the Garza family has spent the holidays out-of-state since the toddler’s death two years ago.

“It’s just hard without Kirk,” she said. “There are no states with a child abuse registry. I could be hateful because of what happened, but I want to make sure it doesn’t happen to someone else.”

Garza refers to the bill as Kirk’s Law.

The bill has been introduced in the Indiana General Assembly as Senate Bill 357.

State Sen. Carlin Yoder (R-Middlebury) introduced the bill in the 2016 session after talking with the Garza family, he said.

The bill would require the state police to establish an electronic child abuse registry containing information relating to people convicted of a crime of child abuse. The bill would also require the department to adopt rules to establish a procedure permitting a person mistakenly included in the registry to be removed.

“Angie has done research and there are other states with similar bills for child abuse registries,” Yoder said. “I’m trying to get a hearing and I’m hopeful we’ll get a hearing and see where it goes,” Yoder said, in a phone interview. “It could be a little controversial now that the ball has moved forward but if it helps to protect kids, we need to tackle it. If there’s a registry in place and it keeps a child from dying, maybe we need one.”

Michael Tuszynski, Rolston’s attorney, did not respond to a message left seeking his comments on the proposed law.

Yoder said he’s “cautiously optimistic” about the passing of Kirk’s Law.

“At least it will get dialogue moving, in any case,” Yoder said. “The bill can be passed in a year and if enough (people) think it’s a good idea and if people go for it, it could get done in a year. No doubt the bill will change a bit, though.”

Yoder said he will encourage the family to testify in hearings.

“They have been very involved and are adamant about this bill getting done,” Yoder said. “They are still hurting, the family. This case as a whole is sad. A child died, and if a child didn’t have to die, then there is a need for a registry. This case has the potential to be a real decisive one. It’ll make for a good discussion.”

A grandmother’s devotion

Garza said she had a special bond with her grandson, who knew her as “Nana,” and now she struggles daily with the emptiness in her arms and her heart.

“It’s been a nightmare, and I think it will be different every morning when I wake up,” she said. “There are good days and bad days. My mission now is to get this bill passed. There hasn’t been a push before and I haven’t looked into this lightly. I’ve done lots and lots of research to make sure it doesn’t go by the wayside.”

She picked up a thick folder filled with the research that she has compiled about day care and child abuse laws and obtaining child abuse background checks in different states.

In her research, Garza learned that Indiana doesn’t have a registry where someone can search the name of a person watching children to be sure they don’t have any child abuse convictions.

After Kirk’s death, the Garza family learned that Rolston had been convicted of the neglect of a dependent charge in 2006. She said they weren’t aware of the charge even though they had been friends with Rolston for 12 years.

“Kirk was our world before his mother (Anissa Garza) took him to the sitter. I put him in the car seat that morning and buckled him in,” Garza said. “I kissed his forehead and said ‘Nana loves you’ and he said ‘wuv you’ back to me. I’m fortunate to have that (memory).”

While his loss is still ever-present in the family unit, the Garzas hope that Kirk’s Law will provide a sense of solace.

“Getting the registry passed is the first baby step,” Garza said. “The brightest thing that can happen in 2016 is to get Kirk’s law passed and get justice for Kirk.”

The jury trial for Rolston has been set for Jan. 25 in Elkhart County Superior Court. Rolston also faces a wrongful death lawsuit filed by Kirk’s mother.

Van Arsdall writes for The Goshen, Indiana News.