The Pueblo woman whose baby died while co-sleeping at a friend's home Aug. 6 in Penrose pleaded guilty to an amended charge of manslaughter, a Class 4 felony, Monday.
Shealee Kristin Smith, 19, was arrested Aug. 31 on suspicion of child abuse resulting in death, a Class 2 felony. Her agreement calls for a stipulated range of two to six years in the Department of Corrections.
According to an affidavit for an arrest warrant, 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.
During a hearing in January, 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 must deal with regardless of what happens in court.
Deputy District Attorney Taylor Smith argued that Smith was the sole caretaker that night, the only guardian or parent there, and was responsible for the baby.
"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 during the January hearing.
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.
Shealee Smith told personnel on scene that she 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."
Sentencing is slated for Aug. 27.
Cañon City man charged with first-degree murder in baby's death released from jail
Also in court Monday, William Jacobs, 21, appeared before District Court Judge Kaitlin Turner.
Turner modified Jacobs' bond from a $100,000 cash-only bond to a $100,000 personal recognizance bond on April 10 with the condition that he comply with GPS monitoring.
Jacobs reported to Intervention at the Fremont County Courthouse the next morning only to learn that Intervention is not currently providing pre-trial GPS monitoring at the Cañon City location.
Instead of GPS monitoring, Turner ordered Jacobs to check in at the Fremont County Sheriff's Office once a week, at a court-appointed day and time. During Monday's hearing, his attorneys said Jacobs is actively looking for employment and permanent housing.
Jacobs was charged with first-degree murder in connection to the death of his live-in girlfriend's baby in May. He was the last person to care for 10-month-old Edward Hayes, who died after being discovered unresponsive in a Cañon City motel room where Jacobs lived with the baby and his mother, Brook Crawford, 21.
Edward died May 23 at Children's Hospital in Colorado Springs. The El Paso County Coroner's final diagnosis of Edward's cause of death was blunt-force head trauma. Jacobs was arrested May 21.
Top Stories of 2023: No. 4, Florence man arrested in 1967 death of infant
In a separate case, Keith Emmanuel Smith, 86, of Florence, appeared in court Monday for a motions hearing.
Smith was indicted Sept. 7 on suspicion of causing the death of 14-month-old Roxanne Marie Archuletta, who was found dead in her bed in the early morning hours of Nov. 2, 1967.
The baby's mother, Norma Lyne Archuletta, who was 28 at the time, and her friend, Smith, who was 30 at the time of the incident, were released from jail Nov. 10, 1967, after being brought in for questioning.
The baby's mother said her child fell from a bunk bed, but she did not see the fall. Smith said he had been playing with Roxanne when she apparently fell about four feet from the bed. He said he didn't see the fall but turned around in time to see her land on her back and fall over.
According to the indictment, Smith was arrested on one amended count of second-degree murder, a Class 2 felony. If convicted, he faces 16-48 years in the Department of Corrections.
On Monday, Smith's attorney, Karl Tameler, asked and was granted, additional time to file motions. A hearing was set for any pending and upcoming motions on June 18.
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