01/10/2013 08:39 EST | Updated 01/14/2013 03:41 EST

Eunice Wudrich Criminal Negligence Charges, Trial Closes


SASKATOON _ A Saskatchewan judge will rule next week on whether a foster parent is criminally responsible for the drowning death of a nearly two-year-old boy.

Evander Lee Daniels drowned in a bathtub in June 2010 in Eunice Wudrich's Aberdeen area home.

He was found with scald wounds on his body.

Both sides in the trial gave closing arguments today.

The Crown says a 22-month-old baby should not have been left unattended, adding the incident wasn't an accident, because it was the result of a conscious choice to leave the bathroom.

Wudrich's lawyers says proving criminal negligence means proving wanton and reckless behaviour, and he doesn't believe that was the case here.

Court heard during the trial that Wudrich was caring for a total of six children in her home _ five foster kids and her own.

Evander's dad, Chris Martell, says he forgives Wudrich, but says Social Services let his family down.

He wasn't to make sure this doesn't happen again and wants to hear from the Saskatchewan government on how it plans to prevent similar tragedies.

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