The children of 31-year-old Ebony Wilkerson have had an extremely traumatic week, and currently they are in the custody of welfare authorities in Florida.  That was after Wilkerson drove her Honda Odyssey in to the Atlantic with her kids in tow.

Earlier on Tuesday, Daytona Beach police received a frantic call from Wilkerson's sister who was concerned about her mental state.  She said that Ebony was talking about demons before she left the house.  Police later stopped Ebony and she was fearful that her husband was on his way to harm her and her children.  According to Daytona Beach Police Chief Mike Chitwood, she was lucid when they talked to her. Chitwood said,

"The children were in the back seat, they were buckled in and were not in distress. Although the sergeant said she looked like she had some mental illness, she did not fit the criteria for going into custody under the Baker Act."

The Baker Act, also known as The Florida Mental Health Act, allows police to take people into custody The Florida Mental Health Act, commonly known as the Baker Act, allows authorities to involuntarily take people into custody if they seem to be a threat to themselves.

She apparently was a threat to herself, her 3, 9 and 10-year-olds as well as her unborn child, when she drove her minivan straight into the Atlantic Ocean.  A couple of good Samaritans were able to rescue Ebony and her kids before they were washed out to sea.'s too early to determine whether Wilkerson will face criminal charges.

According to the Volusia County Sheriff's Office, Wilkerson was undergoing a mental evaluation. And Sheriff Ben Johnson says it's too early to determine whether Wilkerson will face criminal charges.

My question is... how could she NOT face charges for attempted murder?  Does having a mental illness make you exempt from facing the consequences of breaking the law?

WMAQ via Facebook

What do you think? Should mental illness be an acceptable defense for attempted murder when there are children involved? Leave your thoughts in the comments section below.