Woman pleads no contest to causing the death of infant
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
A Greenfield woman, who the state alleged took pills, fell asleep and left her 10-month-old daughter in the care of a 4-year-old, has pleaded no contest to a first-degree charge that she caused the death of her infant daughter.
Jessica Miller, 24, was indicted in June on a charge of involuntary manslaughter, a felony of the first degree; and endangering children, a felony of the third degree, following the March 21 death of her infant daughter.
As the defendant made crying sounds during court proceedings, Highland County Prosecutor Anneka Collins told the court that Miller has cried more in court than she cried on the night her child died. Prior to the start of the hearing, Miller, who appeared in shackles and handcuffs in the custody of the Highland County Sheriff's Office, sat on a bench in the courtroom with her feet propped up. When Highland County Common Pleas Court Judge Rocky Coss entered the courtroom, Miller began making crying sounds.
Miller's daughter, 10-month-old Camry Lyn Calhoun, died at her residence in the 100 block of South Washington Street in Greenfield on March 21. Deputy Highland County Coroner Dr. Jeff Beery ruled "the cause of death to be drowning and the manner of death is an accident."
Highland County Common Pleas Court Judge Rocky Coss told Miller on Thursday that as a result of pleading no contest, she is "admitting what is alleged in the indictment, but does not admit guilt. Guilt or not guilty will not be decided by a jury. Basically, the prosecutor presents what she would have presented at trial. By your admission to the facts, the judge decides if those facts constitute guilt."
According to the indictment on the involuntary manslaughter charge, on March 21, Miller "did cause the death" of the child during the commission of a felony, which is the endangering children charge.
Highland County Prosecutor Anneka Collins told the court that on March 21, Miller took pain pills, "knowing that they were going to make her fall asleep. She said she had taken them two or three times prior. Essentially, she said, that it knocked her out. She left her 10-month-old in the care of her 4-year-old. Her 10-month-old, Camry, soiled her diaper, and they didn't have any wipes or anything to properly care for Camry. So, (the 4-year-old) proceeded to take her into the bathtub to wash her. (The toddler) put her in the bathtub, was washing her, washing her hair, and at some point, Camry fell asleep. (The 4-year-old) let the water out of the bathtub and covered Camry up with a blanket 'because she was cold.'"
Collins said that when Miller "finally woke up," the 4-year-old told her that the baby was in the bathtub. She said Miller told authorities she attempted CPR for approximately 15 minutes, but when paramedics arrived, the infant was deceased.
"They attempted resuscitation, all to no avail," Collins said.
Miller showed no reaction as Collins stated the events that were alleged to have occurred when the baby died.
Coss asked what the cause of death was and Collins told him the coroner's office determined it to be drowning.
Defense attorney Lee Koogler told the court that, "In terms of the facts, we would agree that my client did take some pain medication, that it did make her drowsy, that she did fall asleep, and while she was asleep, (the 4-year-old) did take Camry into the bathtub to clean up the child. The child drowned, as the two children were unsupervised, as my client was knocked out on medication at that time."
"The court finds those circumstances is a violation of the duty of the care of protection," Coss said.
Coss said the violation is child endangering and that Camry died as a result. As part of the plea agreement, as Miller pleaded to the involuntary manslaughter charge, the charge of child endangering was dismissed.
Miller now faces 3-10 years in prison. Coss said there was no mandatory prison time, but there was a presumption of prison time. The defendant has no prior criminal record and could be sentenced to community control, he said. Coss ordered a pre-sentence investigation and scheduled a sentencing hearing for Sept. 14.
Koogler asked Coss to consider lowering Miller's bond from $15,000 to $5,000 so that she could conceivably post it. Collins asked that request be denied.
"She has cried more in this courtroom than she did the night this child died," Collins said. "I was called to the scene. I didn't know she was the mother because she was so without emotion. I have no confidence that she will return to the court for sentencing. I see no reason to give her bond, at this point, of $5,000. Additionally, this is the death of a person. She has just been found responsible for that. I don't think a $15,000 bond is too much to ask."
Koogler told the court that he had represented Miller in a Children Services action as a result of the case, and there had been no issues with her appearing for court. Koogler said he was confident that Miller would appear for sentencing.
Coss said that while Miller had been found to have caused the death of another, he said that it was not an intentional act. He set bond at $10,000, plus an OR bond.
A Greenfield woman, who the state alleged took pills, fell asleep and left her 10-month-old daughter in the care of a 4-year-old, has pleaded no contest to a first-degree charge that she caused the death of her infant daughter.
Jessica Miller, 24, was indicted in June on a charge of involuntary manslaughter, a felony of the first degree; and endangering children, a felony of the third degree, following the March 21 death of her infant daughter.
As the defendant made crying sounds during court proceedings, Highland County Prosecutor Anneka Collins told the court that Miller has cried more in court than she cried on the night her child died. Prior to the start of the hearing, Miller, who appeared in shackles and handcuffs in the custody of the Highland County Sheriff's Office, sat on a bench in the courtroom with her feet propped up. When Highland County Common Pleas Court Judge Rocky Coss entered the courtroom, Miller began making crying sounds.
Miller's daughter, 10-month-old Camry Lyn Calhoun, died at her residence in the 100 block of South Washington Street in Greenfield on March 21. Deputy Highland County Coroner Dr. Jeff Beery ruled "the cause of death to be drowning and the manner of death is an accident."
Highland County Common Pleas Court Judge Rocky Coss told Miller on Thursday that as a result of pleading no contest, she is "admitting what is alleged in the indictment, but does not admit guilt. Guilt or not guilty will not be decided by a jury. Basically, the prosecutor presents what she would have presented at trial. By your admission to the facts, the judge decides if those facts constitute guilt."
According to the indictment on the involuntary manslaughter charge, on March 21, Miller "did cause the death" of the child during the commission of a felony, which is the endangering children charge.
Highland County Prosecutor Anneka Collins told the court that on March 21, Miller took pain pills, "knowing that they were going to make her fall asleep. She said she had taken them two or three times prior. Essentially, she said, that it knocked her out. She left her 10-month-old in the care of her 4-year-old. Her 10-month-old, Camry, soiled her diaper, and they didn't have any wipes or anything to properly care for Camry. So, (the 4-year-old) proceeded to take her into the bathtub to wash her. (The toddler) put her in the bathtub, was washing her, washing her hair, and at some point, Camry fell asleep. (The 4-year-old) let the water out of the bathtub and covered Camry up with a blanket 'because she was cold.'"
Collins said that when Miller "finally woke up," the 4-year-old told her that the baby was in the bathtub. She said Miller told authorities she attempted CPR for approximately 15 minutes, but when paramedics arrived, the infant was deceased.
"They attempted resuscitation, all to no avail," Collins said.
Miller showed no reaction as Collins stated the events that were alleged to have occurred when the baby died.
Coss asked what the cause of death was and Collins told him the coroner's office determined it to be drowning.
Defense attorney Lee Koogler told the court that, "In terms of the facts, we would agree that my client did take some pain medication, that it did make her drowsy, that she did fall asleep, and while she was asleep, (the 4-year-old) did take Camry into the bathtub to clean up the child. The child drowned, as the two children were unsupervised, as my client was knocked out on medication at that time."
"The court finds those circumstances is a violation of the duty of the care of protection," Coss said.
Coss said the violation is child endangering and that Camry died as a result. As part of the plea agreement, as Miller pleaded to the involuntary manslaughter charge, the charge of child endangering was dismissed.
Miller now faces 3-10 years in prison. Coss said there was no mandatory prison time, but there was a presumption of prison time. The defendant has no prior criminal record and could be sentenced to community control, he said. Coss ordered a pre-sentence investigation and scheduled a sentencing hearing for Sept. 14.
Koogler asked Coss to consider lowering Miller's bond from $15,000 to $5,000 so that she could conceivably post it. Collins asked that request be denied.
"She has cried more in this courtroom than she did the night this child died," Collins said. "I was called to the scene. I didn't know she was the mother because she was so without emotion. I have no confidence that she will return to the court for sentencing. I see no reason to give her bond, at this point, of $5,000. Additionally, this is the death of a person. She has just been found responsible for that. I don't think a $15,000 bond is too much to ask."
Koogler told the court that he had represented Miller in a Children Services action as a result of the case, and there had been no issues with her appearing for court. Koogler said he was confident that Miller would appear for sentencing.
Coss said that while Miller had been found to have caused the death of another, he said that it was not an intentional act. He set bond at $10,000, plus an OR bond.