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A Bronx judge has ruled a mother of two not guilty by reason of mental disorder in the tragic deaths of her children last year. Simone Fleming, 26, was found not guilty due to postpartum psychosis in connection with the deaths of her sons, three-year-old Daishawn Fleming and 11-month-old Octavius Canada, at a family shelter in New York City in November 2022.
On the night of November 26, shelter staff reported smoke and water coming from Fleming’s apartment, prompting a 911 call. Police arrived to find Fleming acting irrationally and promptly hospitalized her for psychiatric evaluation.
Initial police searches missed the deceased boys, who were hidden beneath clothes in the bathtub, partly because neighbors had been told the children were staying with their father. It was only after Fleming’s then-partner, Columbus Canada, found the boys unresponsive and alerted authorities again that their deaths were discovered.
At the time, Fleming reportedly confessed to the killings and made disturbing remarks referencing the “devil.” She was charged with first-degree murder.
Court records show that prior to the incident, Fleming had undergone two months of treatment at a Queens hospital where she was diagnosed with major depressive disorder and prescribed psychotropic medication. However, she did not adhere to her treatment plan and instead used marijuana daily, which worsened her mental state.
Psychiatric evaluations from both the prosecution and defense confirmed that Fleming was experiencing psychosis during the incident. Dr. Eric Goldsmith, who assessed her for the prosecution, described her as “grossly psychotic and out of touch with reality,” suffering from hallucinations and believing she was possessed by a spirit signaling the end of the world.
Prosecutors argued that pursuing a first-degree murder conviction would not serve justice, emphasizing the need for public awareness rather than criminal punishment. Bronx Assistant District Attorney Tiffany Wichman noted, “Prosecuting mothers does not and cannot prevent these crimes from happening, but public discourse might.”
Fleming remains in custody and is scheduled for further psychiatric evaluations ahead of a court hearing on September 18. The judge is expected to decide on her future care and whether she poses a continuing risk. While she will not serve jail time, it is anticipated she will remain hospitalized for an extended period.