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West Virginian children who have been repeatedly harmed after reports were made. All are victims of crimes which could have been avoided if the system worked for them.

12/10/2010
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Murder Charge In Death of Three-Year-Old
Staff
Logan

A stepfather is charged with murder in Logan County.

Sheriff's deputies say Jonathan Hager, 24, of Lyburn, killed his three-year-old stepson on December 3rd by placing his knee on the boy's chest for more than a minute.

The boy died of asphyxiation.

Police say Hager told them he was stressed the night he was babysitting the boy and the child wouldn't stop jumping up and down on the bed.

Hager claims he had his knee on the boy's chest for less than 30 seconds.

Mother Charged in the Death of Her Baby
Posted Monday, November 8, 2010 ; 05:38 PM | View Comments | Post Comment
Updated Thursday, November 11, 2010; 11:53 PM


New developments in the case of an 18 month old baby killed as a result of injuries sustained late last week.
HILLDALE -- Sergeant Melissa Clemmons with the Crimes Against Children Task Force, said Cristen Hurley has been charged and arrested in connection in the death of her 18 month old baby.

Hurley is charged with child abuse resulting in injury and child neglect causing death.

Clemmons said the autopsy shows the baby suffered internal injuries in her abdomen, and brain which were suffered days before she was taken to the hospital.

“It seems to hit the community harder. It hit homes more because you have a little one that had a whole life a head of them and never got a chance to live it,” said Clemmons.

Hurley is being held at the Southern Regional Jail.

Meadow’s is also charged in the baby’s death and is currently at the Southern Regional Jail. His bond has yet to be set.

10/28/2010
Abused Girl Speaks To Investigators
MetroNews
Beckley, Raleigh County

The Chief of Detectives for the Beckley Police Department says the girl who was taken from a home in a severely malnourished state earlier this Fall has gained 13 pounds since then.

Captain Jeff Shumate says the recovery of the six year old girl, whose name is Mackamey, is remarkable.  "It does appear, at this point, that she's recovering very well," he said.

On Thursday afternoon, investigators were able to talk with the girl for the first time about the abuse she suffered.

Captain Shumate says the girl verified much of what they had already suspected about her care, though he did not want to talk publicly about the specifics of what she said to protect the investigation.

"The types of punishment that she received, who punished her, basically what everyday life was for her," he says of the questions she was asked.

When police found Mackamey, who is now in foster care, she weighed 18 pounds.  She was also unresponsive and her body core temperature was 80 degrees.

Since then, her mother, 41-year old Sabrina Smith, and another woman, 30-year old Amanda Wills, have been arrested.  Both are still behind bars and scheduled to be in Raleigh County Magistrate Court on Wednesday for a probable cause hearing.

The charges against them include child abuse, child neglect and attempted murder of a child by a parent, guardian or custodian by refusal or failure to supply necessities.  Additional charges have not been ruled out at this point.

Shumate says the withholding of food was used as punishment for Mackamey, though Smith claims the girl was on a restricted diet because of a medical condition.

The six year old was one of several kids in the home, but Shumate says she was treated differently.  All of the kids have now been moved to foster homes.

Police received a complaint for a criminal investigation from Child Protective Services on October 13th.

October 30, 2010

Authorities say abused child making recovery

Hospitalized several days due to injuries suffered from alleged child neglect and abuse, 6-year-old Mackaney now is on the road to recovery, thanks to community support.

Beckley police Capt. Jeff Shumate said Friday that Mackaney has made a “drastic recovery,” her weight increasing from 19 pounds when she was first admitted to the hospital to 32 pounds.

Police received the original complaint for a criminal investigation from Child Protective Services on Oct. 13. The child’s mother, Sabrina Smith, 41, and Amanda Wells, 30, who also lived in the Berkeley Street home, were arrested Monday.

Couple indicted on child abuse charges

October 29, 2010 - By BRAD BAUER 

MARIETTA - A Washington County grand jury returned felony indictments Thursday alleging child abuse and endangerment against a Beverly couple whose infant child suffered a series of injuries and broken bones.

Nicholas T. Lewis, 26, of 805 Mitchell Ave. Apt. 5, is the person prosecutors say is responsible for the acts against the child, who turned 1 this month. He is facing 84 years in prison on the charges.

His wife, Melanie A. Lewis, 21, is facing the possibility of 10 years in prison for allowing the abuse to occur, according to prosecutors.

Assistant Washington County Prosecutor Ray Dugger said health officials began to suspect child abuse after she was taken to Nationwide Children's Hospital in Columbus with a suspected fracture for the second time in less than four months. The child was 3 1/2 months old when she was first taken there with a broken femur (between hip and knee).

Dugger said the second trip to the hospital was for a broken humerus (between elbow and shoulder).

"During that visit, they also found evidence of three broken ribs and a broken wrist," Dugger said. "Those injuries were all older and healing. But even the leg injury and the arm injury were at least a week old (before treatment was sought for those injuries)."

Dugger said three physicians examined the child and ruled out any medical conditions that could explain the child's injuries.

"Every one of them concluded the injuries were suspicious and the result of child abuse," he said.

During a subsequent interview with police, Nicholas Lewis told officers he was "always frustrated with the child because she wouldn't stop crying," Dugger said. However, Lewis continued to maintain he did not harm the child.

Dugger said witnesses have come forward and indicated they have seen Nicholas Lewis handle the child inappropriately.

"They described him grabbing the child off the floor by a foot or wrist and flinging her onto the couch," he said. "Actually, they said it was not uncommon for him or her to treat the child roughly. (One person said) when they would argue, they would sometimes grab the child by her hands or feet and play tug-o-war."

The infant and her 2-year-old half-sister have been removed from the home and placed in protective custody.

The 2-year-old, who is the daughter of Melanie Lewis from a previous relationship, showed no signs of abuse.

Melanie Lewis is charged with two counts of third-degree felony endangering children.

"She allowed the circumstances to exist that allowed this child to get hurt," Dugger said. "She could have done something."

Nicholas Lewis is charged with four counts of second-degree felonious assault, four counts of third-degree felony endangering children and four counts of second-degree felony endangering children.

Man allegedly starved kids

August 25, 2010 - By Edward Marshall, Journal Staff Writer

MARTINSBURG - A Berkeley County man who allegedly punished his 5-year-old son and 3-year-old daughter by starving them and forcing them to live in an unfinished basement remained in custody Tuesday at Eastern Regional Jail following his arrest Monday on child abuse charges.

Jesse Arlo Lafferty, 32, of Labonte Drive, was arraigned late Monday afternoon by Magistrate JoAnn Overington on two counts each of child abuse, child neglect, conspiracy to commit child neglect and conspiracy to commit child abuse.

Lafferty's girlfriend, Karen Sue Boback, also of Labonte Drive, faces the same charges and warrants for her arrest have been filed, but she has not yet been arraigned on them as of Tuesday.

According to court records, on Friday, a state Department of Health and Human Resources representative contacted Cpl. J.M. Walker of the West Virginia State Police requesting assistance with an investigation.

Walker was told that a caseworker was attempting to take custody of two children living at Lafferty's home who she believed were exhibiting signs of starvation.

"They were trying to take custody of two children. The father (Lafferty) was being irate and they believed - DHHR told me there could be an issue with the two children because they looked like they were starving to death," Walker said Tuesday.

Walker then traveled to the residence, located at 292 Labonte Drive near Martinsburg, and found a 5-year-old boy and 3-year-old girl who both appeared sickly and malnourished.

"They exhibited signs of being starved to death," Walker said. "I mean they had very little muscle on their bones and obviously no fat."

During a walkthrough of the home, Walker noted that the refrigerator had a padlock installed on the door and the food pantry had a deadbolt that required a key to open, records show.

Walker also found the basement door had a lock on it with a doorbell installed at the top, which would sound every time the door opened and closed. Other than a small piece of carpet and a few blankets, the entire concrete basement was unfinished. Walker also found a baby monitor and toys in the vicinity of the blankets and a child's portable toilet in the corner.

"It appeared that the children spent a substantial amount of time in that unfinished basement," Walker said.

The following day, Sgt. D.E. Boober spoke to a forensic nurse at Winchester Medical Center regarding her findings of an examination performed on the two victim children. She stated that it was evident that both children were underweight and malnourished.

"She indicated that they were exhibiting classic signs of starvation and they were malnourished," Walker said.

On Monday, Boback was interviewed by police after more information was obtained from other witnesses. When questioned, she stated that Lafferty would punish his children by making them take cold showers, withholding food from them, spanking them with a belt and making them stay the night in the unfinished basement.

"I was told between 50 and 60 percent of their time was spent in the basement," Walker said.

Boback also told police that Lafferty sometimes withheld food from his children for more than 24 hours.

"A little bit later on during questioning she stated that, 'Well, Jesse didn't starve them all the time.' After further questioning based upon that statement that she made, she stated that there were times where he would only feed them once during a 24-hour period or they would not even be fed during a 24-hour period," Walker said.

When questioned even further, Boback said that out of seven days a week, Lafferty would withhold food from his children for two or three days a week.

Boback also stated she believed it was a crime what Lafferty did to his two children after being asked by Walker.

"I (also) said do you think it's a crime that you did not come forth to authorities and alert them of what was occurring (and) do you think that was a crime that you failed to do that. She said yeah," Walker said. "She has a responsibility definitely. These are helpless individuals."

Walker said he believed the reason why Boback hadn't been arraigned yet on the charges she faces in the case is because she was reported to be in the hospital.

Boback has two children herself who also lived at Lafferty's home on a temporary basis. Statements also were taken from those children, which corroborated the abuse detailed by Boback during questioning. Boback's children did not show signs of abuse.

"They were fine. Those two children had their own bedrooms, their own bed and everything. Jesse's children were confined to a concrete basement and lived on a concrete floor," Walker said.

Lafferty's two children are currently in the custody of DHHR, and Walker said he believed they have since been placed in a foster home.

"I do know that right after they got a ride to the DHHR they were fed and they ate continuously," Walker said.

Lafferty is currently being held on a $140,000 bail. If convicted, he faces a maximum of one to 10 years in prison on the child neglect charges and one to five years in prison on the child abuse charges.

West Virginia

Martinsburg man found guilty of child abuse, neglect

MARTINSBURG, W.Va. — A Martinsburg man accused of fracturing his 5-month-old daughter’s skull in October 2008 was found guilty Friday by a Berkeley County Circuit Court jury of abuse and neglect.

Alfonso F. Sanchez, 28, was convicted of one count of child abuse causing serious bodily injury and one count of child neglect creating a substantial risk of bodily injury, Berkeley County Assistant Prosecuting Attorney Gregory K. Jones said.

Sanchez, who is scheduled to be sentenced Sept. 23, faces a maximum sentence of two to 10 years in prison for the child abuse conviction and one to five years in prison for the child neglect conviction, Jones said in a news release.

After the trial, Sanchez was taken to Eastern Regional Jail, Jones said.

The jury deliberated for several hours Thursday afternoon, then resumed Friday morning and reached a verdict at about 11:30 a.m., Jones said.

After the verdict was announced, 23rd Judicial Circuit Judge Gina M. Groh denied a request that Sanchez be allowed to remain on bail until sentencing.

July 22, 2010

Beckley man sentenced for child sex abuse

A Beckley man convicted of sexually assaulting a child from infancy to age 7 — and had photos of himself committing the crimes — will likely spend the rest of his life in prison.

Michael Ray Crum, 41, has been sentenced to 81 to 165 years in prison. Raleigh County Circuit Judge John Hutchison sentenced Crum on Tuesday.

For three counts of incest, Crum received  five to 15 years in prison. He was given 15 to 35 years for each of three counts of first-degree sexual assault. Hutchison gave Crum 10 to 20 years for each of three counts of sexual abuse by a custodian.

Crum also received a 20-year sentence for 10 counts of possession of material depicting a child in sexually explicit conduct (two years for each count), Prosecutor Kristen Keller said. Hutchison also gave Crum another one to five years for child abuse with substantial risk of death.

The sentences will run consecutively.

Hutchison said he wanted both the victim and society to know Crum would never get out of prison, according to Keller.

Crum pleaded guilty to the charges April 20.

Crum sexually assaulted a female relative from 2001 to 2008 — from the time she was an infant to age 7, Keller said. The victim had only reported the assaults that happened when she was 7 years old. Crum had confessed and at the time said that was the only time it had happened.

But evidence found on both Crum’s home and work computers proved that was not the case, according to Keller.

Investigators discovered photos of Crum assaulting the child from the time of her infancy, Keller said. They were able to confirm it was Crum because of a ring and home details in the photos.

The investigators also recovered pornographic images of other children, Keller said. Photos of those victims have been sent to the National Center for Missing and Exploited Children for possible identification.

Keller said authorities have not found evidence that images of Crum’s assault victim were distributed online.

The victim is living with relatives and is receiving counseling, Keller said. The court has also appointed a guardian ad litem.

June 15, 2010
Marion County man arrested for child abuse

MANNINGTON, W.Va. --  A Marion County man has been arrested after he allegedly abused a 4-year-old male and forced him to eat cat feces.

Cpl. A. W. Scott with the State Police Crimes Against Children Unit arrested Joseph Edward Jones, 22, of Mannington and charged him with three felony counts of child abuse that occurred during 2007 and 2008, according to State Police.

Jones allegedly struck a 4-year-old male in the head with a toy car, which caused a cut on the child's head. Jones also allegedly bit the nose of the child, duct taped the child's hands together, put the child in a dryer and forced him to eat cat feces.

Jones was arraigned in Marion County Magistrate Court and taken to North Central Regional Jail. He is being held on  $30,000 bail.


J
WILLIAMSON - A Williamson man remains behind bars for the felonious abuse of his infant May 2010

Williamson Police Department Lt. C. D. Rockel said 25 year old Justin Tyler ”Rooster” Russell of Williamson remains in Southwestern Regional Jail facing charges of child abuse resulting in serious injury.

Rockel traveled to Huntington and took custody of Russell after his arrest by the Huntington Police Department on warrants obtained by the Williamson Lieutenant.

The investigation revealed that Monday Russell’s two month old son was taken to the South Williamson Appalachian Regional Hospital after he was found unresponsive at his home in Williamson. The baby was flown out to Cabell Huntington Hospital and as of presstime remained in pediatric intensive care, allegedly the victim of ”shaken baby syndrome.”

”The baby sustained the injuries here in Williamson, after the mother left him in his father’s care while she went for a doctor’s appointment," Rockel said.

At the time the baby was injured, he and the father were the only ones in the home, Rockel said.

”When the mother returned, she went in to checked on the baby who appeared to be asleep," he said. ”Later, she went back to check on  him again and he was unresponsive."

”The baby has retinal tears and bleeds,” Rockel said. ”His brain has bleeding and swelling as well. He also has neurological trauma.”

Russell was arraigned in Huntington and placed on a $100,000 full cash bond set by Cabell County Magistrate Patty Verbage Spence. Rockel transported Russell back to Southwestern Regional. Charges may be added or upgraded as the condition if the infant changes.

Rockel told the Daily News this was not Russell’s first experience with law enforcement. ”He’s no stranger to the law; he was arrested in Floyd County for assault on an officer and hasn’t been out of jail for that long," he said.

February 17, 2010
Mercer man jailed on child-abuse charge
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LASHMEET, W.Va. -- A Mercer County man was in the Southern Regional Jail Wednesday evening after State Police charged him with child abuse in connection with what they called the "serious injury" of his infant son.

Police arrested Paul Daniel Asbury, 19, of Lashmeet, after they responded to a call from the Princeton Community Hospital just after midnight Wednesday morning.


Sgt. M.D. Clemons learned that Jaiden Daniel Asbury, age 1 month 24 days, was suffering from subdural bleeding in the rear portion of his brain and had bruises on the right side of his mouth and his left temple, according to a news release from State Police in Beckley.


In an interview with Clemons, Paul Asbury said he became agitated while caring for his son and "dropped" him in the bassinette too hard, causing the injuries, the news release said.


Paul Asbury was arraigned before a Mercer County magistrate and remanded to jail in lieu of $50,000 bond.


The victim was transferred to Roanoke Memorial Hospital, where he was in the intensive care unit Wednesday evening, the news release said.

Upshur County Man Charged in Baby's Death
Deputies say the child died back in the hospital in December.
Story by Jessika Lewis

BUCKHANNON -- A man in is jail after being arrested in connection with the death of his child.

Upshur County Sheriff's deputies arrested 25-year-old Stewart Fernandez on Monday, and charged him with felony child abuse resulting in death.

The charges stem from an incident on Thursday, December 18, 2008, when Deputy First Class Dewaine Linger says Fernandez was watching his 7-week-old daughter.

Fernandez physically assaulted the little girl, according to Linger, and caused several blunt force injuries that killed the child.

Linger and Lieutenant Mark Davis began their investigation after responding to a call of an unresponsive infant at St. Joseph's Hospital.

The child went to the West Virginia University Children's Hospital from there, where she was on life support for four days until she died on Monday, December 22, 2008, according to the department's press release.

Magistrate Michael Coffman arraigned Fernandez and set his bond at $225,000.

Thursday July 2, 2009
Mineral Wells man pleads guilty to child abuse
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CHARLESTON, W.Va. -- A Mineral Wells man pleaded guilty to felony child abuse resulting in the injury of his 7-month-old son.

Joseph Edgel Cobb of Windsor Drive was in Kanawha County Circuit Court Wednesday.

Cobb, 20, was arrested in December 2008 after the baby was taken to a Charleston hospital with a fractured skull, ribs and pelvis.

Detectives determined Cobb was the only person who was with the infant when his injuries occurred.

The infant's mother, April Wiley, was working at Hardee's at the time.

When Wiley returned to the home she shared with Cobb after work on Nov. 20, 2008, she found the baby badly bruised, authorities said. She took the child to Charleston Area Medical Center's Women and Children's Hospital, where he was admitted to the pediatric intensive care unit.

Prosecuting Attorney Michelle Drummond told Judge Irene Berger that doctors determined the baby's injuries were not the result of an accident and were consistent with child abuse.

Cobb faces two to 10 years in prison. He will be sentenced at 1:30 p.m. Sept. 3.

Cox faces sentencing in death of 2-month-old

CHARLES TOWN, W.Va. — A man convicted March 29 of killing a 2-month-old will be sentenced by Jefferson County Circuit Judge David Sanders on Monday, a Jefferson County assistant prosecutor said.

Michael Todd Cox, 41, of Germantown, Md., was found guilty of felony child abuse by a custodian, resulting in the death of Colton Lee James of Jefferson County. Colton, the son of Cox’s girlfriend at the time, died Dec. 10, 2007, from blunt force trauma resulting in a fractured skull.

Jefferson County Assistant Prosecuting Attorney Brandon Sims said that because Cox was convicted on three previous felony charges in Maryland between 1988 and 1993, he qualifies for an enhanced prison sentence.

Cox faces 10 to 40 years in prison in the boy’s death and would be eligible for parole after 10 years.

Under the three-strikes rule, Cox would be sentenced to life in prison with mercy, meaning he would be eligible for parole after 15 years.

Sims said Monday after a hearing before Sanders that Cox admitted he is the same person who committed the previous offenses. But Cox is arguing that two of the offenses should not be considered because they were not felonies, Sims said.

Sims said her office is arguing that as long as the offenses could have resulted in penitentiary time they would count under a three-strikes rule.

Sanders will consider the arguments and render a decision at Cox’s sentencing Monday at 9 a.m., Sims said.

— Dave McMillion

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

MARTINSBURG, W.Va. — A Berkeley County couple is accused of depriving four children in their custody of food, shooting the children with BBs and bottle rockets, and other abuse amid conditions that one child described to police as “living hell.”

Nathan Allen Snyder, 25, and Christina Ann Snyder, 40, of Bunker Hill, W.Va., on Thursday were in Eastern Regional Jail on $200,000 bonds set by Berkeley County Magistrate Sandra L. Miller.

The Snyders each were arraigned by Miller on four counts of child abuse resulting in injury, according to court records.

The victims are an 8-year-old girl, a 12-year-old boy and two 14-year-old boys, according to complaints filed with the court that detail allegations compiled by Berkeley County Sheriff’s deputies Steven Crites and C.K. Gibbons.

The girl told Gibbons in an interview last month that a cigarette was put out on her left knee, a finger on her right hand was burned, soap was put in her mouth, her eyeglasses were broken when her stepfather came into her bedroom naked and she was verbally abused, according to court records.

The 12-year-old boy told police he was burned with cigarettes, had smoke blown in his face, was punched in the stomach and arm, and was made to run laps around a gravel road in his bare feet, according to court records.

“The victim described living with (his stepfather) and his mother as living hell (in an interview with Gibbons),” according to court records.

One of the two 14-year-old victims said he was beaten on the head with a spoon until he started bleeding and that he was struck in the back with a bottle rocket that stung a lot more than it burned.

The teenager told police he was choked to the point of nearly passing out and was awakened in the middle of the night and told go to a neighbor’s house about a mile away to ask for beer and cigarettes, according to court records.

He told police he had to give his stepfather and mother massages “just to eat.”

“He stated it was gross, but he would just do it because he was hungry and he also (said) that they would lock up the food so he and his sibling(s) couldn’t get to it,” according to complaints filed in magistrate court.

The boy also said the only thing that made him happy was going to school. He also said his parents would steal money from him and take Christmas gifts that his grandfather had given him and force him to “buy them back.”

“The victim stated that he moves back and forth to different places because (his stepfather) and his mother can’t hold a job and they always call all of us their meal ticket,” the deputies said in the complaints.

The teen’s twin brother told police the massages for food had been happening since they were little, according to court records.

He said he was forced to live in some “nasty places” with his mother and stepfather and that he had to go to the bathroom in a bucket and put it in a bag and throw it in the woods, according to court records.