CHAUTAUQUA COUNTY, N.Y. (TCN) — A 36-year-old woman is facing a second-degree murder charge for allegedly neglecting her 12-year-old daughter’s diabetes and other health issues, which led to the girl’s death.
According to the Dunkirk Observer, Ashley Bertino’s daughter, Mya Smith, died April 29 from diabetic ketoacidosis, which occurs when diabetes goes untreated. The Chautauqua County District Attorney’s Office alleged Bertino had a “depraved indifference to human life” before Smith’s death.
Bertino appeared in court Friday, Nov. 15, for a preliminary hearing before her case goes to a grand jury, which may return an indictment. The Dunkirk Observer reports Smith’s bus driver testified about how Smith, her “bestie,” and her siblings regularly looked disheveled and wore tattered clothing. They reportedly smelled as if they had not showered, and one time, Smith reportedly wore a bathing suit to school “because she didn’t have any clean clothes.” The bus driver reportedly gave Smith water bottles and noted she sometimes drank two full bottles during the drive. The bus driver reported her concerns to the school nurse.
Smith reportedly failed to attend school in the weeks leading up to her death. Smith’s siblings told the bus driver she was “really sick” and “can’t get out of bed.”
Chautauqua County Chief Medical Examiner Dr. Michael Faulk reportedly said at the preliminary hearing that Smith exhibited signs of diabetes prior to her death.
The Dunkirk Observer reports Smith’s school nurse testified that Smith “looked unhealthy.”
Paramedics were called to Bertino’s home on April 29 at 6:45 p.m. because Smith was unresponsive. She was transported to a local hospital, where she died. Her brother said he took care of Smith that day and was worried about her. He reportedly told Bertino to call an ambulance, but Bertino allegedly claimed Smith “was being dramatic.”
The bus driver said at the hearing that she saw Bertino “laughing” and “making fun” of her daughter at the girl’s funeral because of her appearance.
The judge presiding over the preliminary hearing said, “In my 24 years on the bench this is by far the most serious case I’ve ever heard.”
According to WKBW-TV, Bertino’s attorney argued Smith had a doctor’s appointment scheduled for April 30 and that Bertino did not commit any crime.
Chautauqua County Assistant District Attorney Jeffrey DiPalma disagreed, saying, “Our job is to make sure that justice gets done here, and that’s what we are striving to do. We are the voice for Mya at this point, because she’s no longer here to tell her story.”
District Attorney Jason Schmidt added, “This should not happen. Mya Smith should be alive.”
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