Michael A. Mayor, 34, of Piqua was indicted Dec. 11 by a Miami County Common Pleas Court grand jury for felonious assault and three counts of child endangering, all felony charges. He is held on a cash-only $1 million bond. Additional charges are likely following the child’s death.
Credit: Miami County Jail
Credit: Miami County Jail
Piqua police and medics responded around 3:10 p.m. Dec. 5 to a toddler who was breathing but unresponsive. A babysitter told police the girl was pale and had bruises on her head, according to Piqua Police Department report.
Vivian was taken to Upper Valley Medical Center. Doctors advised she had bruising to her forehead and swollen lips that could be related to abuse. She was flown to Dayton Children’s Hospital for more extensive treatment.
Vivian suffered a fractured skull and brain bleed, according to court records.
She was dropped off at the babysitter’s around 5:30 a.m. Dec. 5. She was alert and playing in the living room with other kids when the babysitter left to take other children to school following a two-hour delay, according to the incident report.
Mayor was with Vivian and three other children when the babysitter, his wife, left. He put her down for a nap on a bedroom floor.
When the babysitter returned, Vivian was still on the bedroom floor and appeared to be asleep. The babysitter checked on her multiple times during the day. Around 3 p.m., she was concerned Vivian had not gotten up and went to wake her, according to police records.
“(They babysitter) stated it was at that time she found her breathing was shallow and she was unresponsive,” the incident report read. “Both (the babysitter) and Michael denied knowing what happened to cause this.”
The babysitter provided police with footage from a living room camera. The video showed Mayor picking up Vivian around 10:30 a.m. and walking her to the bedroom.
“In the video, (the girl) was sitting up and crying,” the report read. The bedroom was not on video.
Investigators determined Mayor was the last person to be with her and arrested him while he was at his job, working for the city of Dayton. A spokeswoman said Thursday that he is no longer a city employee.
During an interview, Mayor said he took Vivian to the bedroom for a nap and she wouldn’t stop crying, according to police records.
“He stated he ‘shook’ her and when she cried louder he began to ‘slam’ her on the floor of the bedroom,” the report read.
Mayor reportedly slammed her onto the floor until she stopped crying.
“Michael stated he thought she fell asleep, so he put her down and walked away,” the report read.
Police then booked Mayor into the Miami County Jail.
During a jail phone call to his mother, Mayor admitted to hurting the child and said he lost his temper, according to the incident report.
“I didn’t know she was hurt,” he said in the call. “Thought she was asleep but I hurt her and I did it … I just want you to know the truth.”
Mayor’s attorney, Jon Paul Rion, filed a motion to reconsider his cash-only $1 million bond, and a hearing was scheduled for Monday.
Prosecutors on Dec. 20 requested a new date for the hearing because Vivian died the day before and her funeral was scheduled for the day of the hearing. Judge Jeannine Pratt rescheduled to Jan. 2, but Rion on Tuesday withdrew the motion.
Vivian is survived by her parents and four siblings. She will be remembered for infectious laugh, piercing blue eyes, bright orange hair and toothy grin, a look her family affectionately called her “razzle-dazzle,” according to her obituary.