CHARLESTON, W.Va. -- After deliberating for almost nine hours Wednesday, a Kanawha County jury convicted a Cross Lanes woman of fatally neglecting her 22-month-old son.
Elizabeth Dawn Thornton, 21, sat quietly at the defense table as the verdict was read, holding her hands in front of her face.
Elizabeth Thornton, shown talking to her defense team Tuesday, was convicted Wednesday of fatally neglecting her 22-month-old son.
Thornton testified that she gave CPR to her son Constantine Alexander Washburn, known as Alex, after he collapsed on May 29 while she was feeding him chicken noodle soup. The child died two days later at CAMC Women and Children's hospital, having been admitted to the pediatric intensive care unit with extensive brain injuries.
Prosecutors maintained that Thornton should have immediately sought medical treatment for Alex after he fell and hit his head on May 26. The state's chief medical examiner testified that Alex had multiple bruises to his head and other areas of his body that could not be explained by accidental falls, making his death a homicide.
Prosecutors said they could not prove who may have assaulted Alex, but charged both of his parents with child neglect resulting in death.
The child's father, Christopher Washburn, 31, is scheduled to go on trial April 21.
Thornton now faces up to 15 years in prison. Judge Tod Kaufman scheduled her sentencing for March 27.
Christopher Washburn's father, who sat in the gallery throughout the four-day trial, left the courtroom Wednesday without talking to reporters.
Kanawha County Public Defender George Castelle said he had already discussed a possible appeal with Thornton.
"I know she's really crushed about the loss of her child, not the loss of her future, but the combination is particularly painful," he said. "If the jury had returned a verdict of not guilty, the sadness would have remained."
CHARLESTON, W.Va. -- After deliberating for almost nine hours Wednesday, a Kanawha County jury convicted a Cross Lanes woman of fatally neglecting her 22-month-old son.
Elizabeth Dawn Thornton, 21, sat quietly at the defense table as the verdict was read, holding her hands in front of her face.
Thornton testified that she gave CPR to her son Constantine Alexander Washburn, known as Alex, after he collapsed on May 29 while she was feeding him chicken noodle soup. The child died two days later at CAMC Women and Children's hospital, having been admitted to the pediatric intensive care unit with extensive brain injuries.
Prosecutors maintained that Thornton should have immediately sought medical treatment for Alex after he fell and hit his head on May 26. The state's chief medical examiner testified that Alex had multiple bruises to his head and other areas of his body that could not be explained by accidental falls, making his death a homicide.
Prosecutors said they could not prove who may have assaulted Alex, but charged both of his parents with child neglect resulting in death.
The child's father, Christopher Washburn, 31, is scheduled to go on trial April 21.
Thornton now faces up to 15 years in prison. Judge Tod Kaufman scheduled her sentencing for March 27.
Christopher Washburn's father, who sat in the gallery throughout the four-day trial, left the courtroom Wednesday without talking to reporters.
Kanawha County Public Defender George Castelle said he had already discussed a possible appeal with Thornton.
"I know she's really crushed about the loss of her child, not the loss of her future, but the combination is particularly painful," he said. "If the jury had returned a verdict of not guilty, the sadness would have remained."
Newly elected Kanawha County Prosecuting Attorney Mark Plants said it was a heartbreaking case but he was pleased with the outcome of the trial.
"There's no bringing that child back. All we can do now is pick up the pieces and move forward," he said.
During the trial, the jurors saw photos taken of Alex in the hospital with a tube running out of his head where doctors had inserted a bolt to relieve and monitor the pressure on his brain. In one photo, there appear to be six or seven small bruises along Alex's hairline.
Thornton said her other children were sick with a stomach virus around the time of Alex's falls, which included slipping in the bathtub and hitting his chin on the toilet.
She initially thought Alex's vomiting and diarrhea were attributable to the same virus, she said. After his lethargic behavior and lack of appetite began to stand out on May 29, she decided to take him to the hospital as soon as a friend with a car got home from work, she said. Before that happened, however, Alex's eyes rolled back and he collapsed, she said.
A friend called 911 while she performed CPR on Alex, she said.
Castelle also suggested that Alex had an undiagnosed condition, possibly autism, which delayed his development and made him prone to spinning and banging his head.
Assistant prosecutors Don Morris and Tera Salango maintained that Alex's parents put off taking him to the hospital because they could not explain his extensive injuries and did not want suspicions raised about possible abuse.
Investigators with the Kanawha County Sheriff's department also became suspicious when they could not locate Alex's parents for nearly 24 hours while he was in the hospital.
They eventually met with police for several hours on the night of May 31, then went back to the hospital, where doctors informed them the next morning that Alex was brain dead.
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