Community service only for caregivers convicted of negligently causing the death of a toddler in a kindergarten in Haifa

(Hai Fa) – The Haifa Magistrate's Court convicted yesterday, Sunday, 20/4/25, two caregivers at a kindergarten in the city, Ludmila Mustakov, the owner and director of the daycare center, and Vilna Lukash, who works as a caregiver, of causing the death through negligence of the late toddler Aryeh, only one and a half years old, after he suffocated to death from a curtain cord that was hanging in the center of the room he was in, unattended.

Judge Ahsan Khalila sentenced them to prison sentences to serve community service, and compensation totaling 25 shekels to the toddler's family.

The tragedy occurred in November 2019 when Aryeh's mother brought him to kindergarten in the morning, as she did every day. She had no idea that this would be the last time she would see her son alive. During the morning, while the kindergarten was operating as usual, the toddler was left alone in the bedroom, wrapped a curtain cord around his neck and strangled to death.

According to the indictment, Mustakov – the owner and director of the kindergarten – installed a new curtain in the children's room the night before, despite knowing that the long string of beads dangling from it posed a danger. She tried to secure the string, but she did not remove it, did not warn the caregivers, and did not ensure continuous supervision.

Lukash, who was the caregiver in charge that morning, recognized the danger and even called Mustakov to warn him about it – but then left the toddlers unattended for a few minutes. During this time, Aryeh found the string and wrapped it around his neck. When she returned to the room, Lukash found him hanging above the mattress, unconscious.

An MDA team called to the scene evacuated the toddler to Rambam, but he was pronounced dead there. An autopsy determined that the cause was asphyxiation as a result of prolonged suffocation.

After a legal process that lasted more than five years, during which evidentiary hearings were held and witnesses were heard, the parties reached a plea agreement. Both defendants admitted their responsibility and were sentenced to light prison sentences - 9 months of community service for Mustakov and 7 months for Lukash - along with suspended prison sentences and payment of compensation.

Aryeh's mother read a chilling affidavit in court: "I saw my child's little body, surrounded by doctors trying to revive him... All I wanted was to remember his smell, his fingers, every little detail."

The judge noted that this was an "unbearable loss... a nightmare that gives no rest," adding that "the deceased's death occurred due to gross negligence. There are no words that can comfort the family."

Although this was not an intentional criminal act, the court emphasized the serious violation of the right to life, especially when it comes to a helpless toddler. However, in light of evidentiary difficulties, the significant delay in filing the indictment, and the position of the toddler's family, which supported the settlement, the judge chose to honor the signed settlement.

Mustakov, who has since stopped working with children, said in tears: "This will accompany me all my life... I am sorry with all my heart." Lukash, who broke down during her speech, also added: "I share the family's grief. It is so difficult."