Background: Michael Mayor (Miami County Jail). Inset: Vivian Gardner (Jamieson & Yannucci Funeral Home).
An Ohio man who pleaded guilty to murdering a 1-year-old after she would not stop crying was sentenced to 15 years to life in prison.
Michael Mayor, 34, received his sentencing on Tuesday, just over a month after he altered his plea from not guilty by reason of insanity to guilty at the end of June. Mayor confessed to violently slamming the head of 1-year-old Vivian Gardner on the floor after she wouldn’t stop crying, following his arrest in December 2024. He was responsible for the girl while his wife, a professional babysitter who had been supervising Vivian, left momentarily to escort other children to school.
According to the authorities, Mayor informed them that he “shook” her, and when her cries intensified, he began to “slam” her against the bedroom floor. He admitted this action wasn’t on the blankets and was repeated multiple times until she ceased crying.
The Dayton Daily News was present in the courtroom for the sentencing announcement, during which the judge emphasized that it was the obligatory sentence for a murder conviction in Ohio. Judge Jeannine Pratt remarked to Mayor, “If I had the discretion, you would be receiving a much harsher sentence.”
As previously detailed by Law&Crime, Mayor was tasked with looking after Vivian on Dec. 5, 2024. When his wife returned after taking the other children to school, he informed her that Vivian was napping on the bedroom floor. Mayor’s wife, after repeatedly checking on the baby, called 911 when the little girl hadn’t awakened by 3:00 p.m.
Vivian was transported to the hospital, where she was diagnosed with a fractured skull, a subdural hematoma, and other severe injuries attributed to a “massive impact.”
The toddler passed away on Dec. 19. Mayor was taken into custody on Dec. 11, 2024, initially facing felonious assault charges and three counts of endangering children. After Vivian’s passing, the charges escalated to three counts of murder. However, all except one of those charges were dismissed upon his guilty plea in June.
In court, Mayor’s defense attorney said that his client wrote a letter apologizing to the family for what he did. Pratt was apparently unmoved and said that Mayor did not appear to be remorseful, according to the Dayton Daily News. Vivian’s family said in a statement from a spokesperson that they were not satisfied with the possibility that Mayor “may be free to rejoin society, to be around children once more.”
Vivian’s family has pledged to try to support reforms to sentencing “that will ensure that the punishments for violent crimes are commensurate with the impact they have on victims, their families and our communities.”
