A Miami County judge has sentenced a Piqua man to 15 years to life in prison for the murder of a 15-month-old girl, calling the act “pure evil.” Michael Mayor, 34, pleaded guilty this summer in Miami County Common Pleas Court to felony murder.
Additional charges of murder, endangering children, and felonious assault were dismissed as part of the plea agreement. The victim, 15-month-old Vivian Gardner, died on Dec. 19 at Dayton Children’s Hospital from a fractured skull and brain bleed, according to Montgomery County Coroner Dr. Kent Harshbarger. Court records state she succumbed to her injuries two weeks after the incident.
“No parent expects to have to bury their baby days before Christmas,” said Assistant County Prosecutor Brandon Myers, adding that Vivian “was murdered at the hands of this man.” Police reported that Mayor had been left in charge of Vivian and other children while her babysitter took others to school.
During a police interview, Mayor said the toddler would not stop crying when he placed her down for a nap. “He stated he ‘shook’ her and when she cried louder, he began to ‘slam’ her on the floor of the bedroom,” the police report read. When she stopped crying, Mayor claimed he believed she had fallen asleep.
Vivian’s mother, Victoria, told Judge Jeannine Pratt that Mayor “should never know another day of freedom.” Her father, Jeremy Gardner, described his daughter as a cheerful redhead with “chubby arms” and a bright spirit.
Defense attorney Jon Paul Rion called the case “a very tragic situation.” Mayor told the court he had written an apology letter to the family. “I just want you to know if I could trade places and give her back to you, I would,” he said.
Judge Pratt noted that Mayor had one prior conviction for disorderly conduct in 2021 and showed no genuine remorse. She emphasized that he had been acting in the role of caregiver when the fatal injuries occurred, calling the killing “a senseless crime.”
Pratt stated that state law required the sentence she imposed. “If I had the discretion, you would be getting a much larger sentence,” she told Mayor.
Outside the courtroom, Vivian’s family released a statement criticizing Ohio’s sentencing laws. “In just 15 years, Mr. Mayor may be free to rejoin society, to be around children once more,” the statement read.
The family is now working with state legislators to pursue reforms that would classify the murder of a child under 16 as aggravated murder and increase penalties for child care providers who neglect their duty.