Lawyer: Child's carbon monoxide death was preventable

Posted at 9:26 PM, Jul 27, 2016
and last updated 2016-07-28 06:31:52-04

The attorney for the woman who killed her four-year-old son and husband while committing suicide said the death of the little boy could have been prevented if the state intervened.

Amanda Florea intentionally killed herself by carbon monoxide poisoning, taking Eric Florea and little Aidan with her.

During the two months the family lived in their house in northeast Cape Coral, police were called out six times.  "When you see the cops that much at one particular house, usually something like this, it happens," one neighbor said.

One of the times police were called to the house, they arrested Amanda Florea for battery, saying she grabbed her husband by the neck and was throwing him out of the house. The incident happened in front of little Aidan.

Tom Busatta's law firm represented Amanda in that case.

"The judge ordered no contact with her husband, and she was not allowed to return to the home, the same residence in which she and her family were found deceased." Busatta said in a statement.

He pointed to other times officers were called to the house.

On June 13th, Eric Florea was charged with DUI in Collier County. Two weeks later, Cape Coral Police arrested him after he overdosed on meth. Court documents show his 16-year-old daughter called 911 believing her father needed medical attention.

"This is not to point fingers at law enforcement or DCF, but was Florida Statute and proper protocol followed?" Busatta said in his statement.

DCF told Four in Your Corner they were aware of the drug use in the home.

Cape Coral Police said they notified DCF after Amanda's battery case.

Fox 4 reached out to DCF for more information, but have not heard back yet.