State Attorney's Office declined to prosecute Janiya's mom after she got in fight with girlfriend in 2013

MANATEE -- Domestic battery charges were not filed against Keishanna Thomas when her girlfriend told prosecutors she would not testify against her after Thomas, the mother of Janiya Thomas, reportedly threw a phone and hit her in the face on Thanksgiving Day 2013.

An interdepartmental memo from the State Attorney's Office reveals the Bradenton Police Department had forwarded a recommended charge of battery against Thomas.

"Without the cooperation of the victim, the State must determine whether there is sufficient alternative evidence to prove the charge," Assistant State Attorney Justin Phillips wrote in the memo, dated Jan. 2, 2014. "There are no notable admissible excited utterances, spontaneous statements, defendant admissions or statements for the medical diagnosis. Moreover, there are no witnesses to the altercation. As a result, the State cannot prove the charges of battery, and the charge is declined."

Thomas is currently in the Manatee County jail on charges of child abuse, aggravated child abuse and abuse of a dead body, after her 11-year-old daughter Janiya was found dead Oct. 18 in a freezer in Bradenton.

Investigations of the Nov. 28, 2013, incident started after Bradenton police responded to 911 calls from Thomas and her girlfriend.

The two women had been arguing in Thomas' home, the girlfriend told Phillips, because Thomas kept telling her not to pick up a baby, the memo states. Thomas pushed her girlfriend and then her girlfriend pushed her back.

Both women called police.

No one was arrested, but police forwarded a recommendation to the State Attorney's Office that a battery charged be filed against Thomas.

As a result of children being in the home, the Manatee County Sheriff's Office Child Protective Investigative Division was contacted for "family violence threatens the child."

The next morning, child protective investigator Troy Simon went to the Thomas home, according to his case notes. Simon reported Thomas said her friend had attacked her after she asked her to leave, and that as Thomas attempted to call 911, the woman snatched the phone from Thomas and swung at her.

"She (Thomas) stated that she was hit several times. She stated that they were in the bedroom and the kids were in their rooms," Simon wrote. "She stated that it was Thanksgiving and she was not having an argument in front of her kids."

Thomas reportedly told Simon that she intended to get a protective injunction against her friend and that she would not be allowed back in the home.

Simon also reported Thomas had four daughters and one son. His case notes also detail face-to-face contact he reported with each child, including Thomas' then 10-year-old son who is referred to as a "she" throughout Simon's notes.

Janiya, 9 at the time, appeared healthy and happy without any visible marks or bruises, Simon's notes state.

"She stated that she knows what drugs and alcohol are and she has not seen any used in her house. She stated that there are no adults arguing or fighting in her house. She stated that she feels safe in the home, she is not afraid of anyone," Simon wrote. "She always has clean clothes, food, lights and water. Punishment is being sent to the room. The child was appropriately dressed wearing pajamas."

The CPID's investigative summary on the case states that in the past, Thomas "dropped some bleach on Janiya and discolored her skin." There is never another mention of this allegation in reports on the Thanksgiving Day incident.

Later that day, Simon's notes state he spoke with a couple of neighbors who said they never heard any loud arguing coming from the apartment. An attempt was also made to see the other woman involved, but "there was no answer at the door."

On Dec. 4, 2013, Simon reported receiving the report from police. Shortly after, he called the other woman and left a message. On Dec. 9, 2013, Simon called Thomas, who reportedly said she could not get the injunction because she had to get her car fixed and couldn't afford it.

"She stated that (her friend) has not been to her house and she has not heard from her since the incident. She stated that she will get the injunction once she can afford it. She was advised to contact HOPE if she needed assistance with an injunction," Simon noted.

On Dec. 17, 2013, Simon's last case note on the Thanksgiving incident, indicated another call was made to the other woman, and a message was left.

The case's investigative summary states that the case was closed on Dec. 18, 2013, after the allegation for "family violence threatens child" was not sustained.

Jessica De Leon, Herald law enforcement reporter, can be reached at 941-745-7049. You can follow her on Twitter@JDeLeon1012.

This story was originally published November 6, 2015 at 3:30 PM with the headline "State Attorney's Office declined to prosecute Janiya's mom after she got in fight with girlfriend in 2013 ."