A Fremont County magistrate on Wednesday found sufficient probable cause to bind over one count of child abuse resulting in death against the Pueblo woman whose baby died while co-sleeping at a friend's home Aug. 6 in Penrose.
Shealee Kristin Smith, 18, was arrested Aug. 31 on suspicion of the charge, which is a Class 2 felony.
During the preliminary hearing Wednesday, Fremont County Sheriff's Office Det. Howard Burton testified that Smith admitted to smoking a "dab" the night before her 6-month-old baby was found unresponsive and pinned between her and the cushions on the back of a couch.
Smith's defense attorney, Adam Tunink, pointed out that law enforcement did not do any blood tests to see at what level the THC was in his client's system after the event. He argued that the incident was a tragic accident that Smith will have to deal with regardless of what happens in court.
"That's all it has risen to, was an accident," he said.
Deputy District Attorney Taylor Smith argued otherwise.
"Miss Smith was the sole caretaker at a home that night, she was the only guardian or parent there and had the responsibility of Nova," she said. "That night she chose knowingly to smoke marijuana, not even just a joint, but specifically she admitted to personnel on the scene that she smoked dabs, which is a higher concentrate of marijuana and then fell asleep while co-sleeping with her child."
She said that choice did place the baby in an unreasonable situation that did pose a threat to the life of the baby, which ultimately resulted in her death.
The El Paso County Coroner's Office said the baby's death appeared to be consistent with asphyxia due to co-sleeping.
Smith told personnel on scene that had a pack-and-play that the baby usually slept in, but it was still in the car. She said she had fallen asleep on the couch, facing the back cushions, with the baby in her arms. Her right hand was used to hold the bottle for the baby.
When previously asked by law enforcement if she used THC, she responded, "I did; that's probably why I didn't wake up, because I smoked before I went to bed last night," the affidavit states. "But I don't smoke. I barely smoke."
She told authorities that she did not get high, but instead had gotten tired.
She was asked how many dabs she had smoked the night before, to which she responded, "The tiniest dab ever."
Magistrate Claire Colette LeBeau set arraignment for Feb. 26 in Division 1.
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