A Lehighton man entered a guilty plea to endangering the welfare of a child on Monday in Carbon County court in the fentanyl death of his 3-year-old son, James.

Gage Joshua Duch, 28, entered his plea to the felony 3 count before President Judge Roger N. Nanovic II.

Assistant District Attorney Joseph D. Perilli said the plea stipulation entered into by the commonwealth and Duch is for his plea to the endangering count and the mother, Britney Grace Burke, 31, pleading to one count of involuntary manslaughter. Perilli said if she does not plead to that count, then the commonwealth has the right to pull the plea agreement with Duch to the endangering charge. The plea agreement also has a felony 2 count of involuntary manslaughter dropped against Duch.

Four people were charged in the Feb. 11, 2020, incident. Also charged were Rebecca Lynn Walck, 21, and Anthony Hannibal Pudvah, 30, both of Nesquehoning. Walck was scheduled to enter a guilty plea Tuesday afternoon but the proceeding was continued.

Pudvah, who is currently an inmate in a state prison serving a term on drug-related counts he pleaded to, has charges pending. Perilli said Burke has agreed to enter a plea in the case. All four were charged with the same counts of involuntary manslaughter, endangering the welfare of children and possession of drugs.

According to affidavits filed by state police, the family lived at 121 S. Allen St. in Nesquehoning at the time of the incident. Walck and Pudvah also lived in the apartment and provided child care to the child on the day of his death.

Troopers said Burke called 911 to report the child unresponsive just before 7 p.m. on Feb. 11.

Nesquehoning police and EMS arrived and the child was transported to St. Luke’s Miners Campus in Coaldale, where he was pronounced dead after attempts to resuscitate him failed.

District Attorney Michael Greek requested the death investigation be handed over to state police.

During interviews, Burke and Duch lied to troopers about their drug use, and added that Walck and Pudvah visited the home to watch the child earlier that day, troopers said.

The pair also lied about Duch’s whereabouts at the time the child was found unresponsive.

Duch, upon his request, was taken to Burke’s parents’ home and family members said the child had no known illness, injuries or diseases that could have accounted for his death.

A search warrant of the home was executed early Feb. 12 and drug paraphernalia for heroin and fentanyl use was found within items belonging to Walck and Pudvah.

Later that day, Duch and Burke called troopers and admitted that they lied about their drug habits, their association with Walck and Pudvah and their activities on the day their son died.

The couple again noted that the child was left with Walck and Pudvah for a few hours before his death, but Duch then admitted to cleaning the scene and throwing away drug paraphernalia prior to troopers executing the search warrant.

On Feb. 14, an autopsy of the child was conducted and the cause of death was determined to be fentanyl and acetyl fentanyl toxicity and was suspicious.

On March 12, Walck and Pudvah were taken into custody by the Attorney General’s Office on drug related charges and then interviewed by state police regarding the child’s death.

Walck said Duch and Burke were her drivers for the last four to six months and paid her and Pudvah with drugs.

Walck also said the pair moved in with Duch and Burke a few days earlier.

She told police about the drug use in the home and confirmed watching the child the morning of his death, but said he appeared healthy when she was watching him.

She then went back into her room when Duch and Burke returned home. A few hours later she and Pudvah transported Duch to a few locations to obtain drugs and it was while they were in Hazleton that they received a text from Burke saying the child was dead.

Walck said that she and Pudvah didn’t come forward earlier about this because they knew there was a warrant out for Pudvah’s arrest and she had open cases for other criminal matters.

Pudvah was also interviewed and told the same story as Walck, also saying that he, Walck and Duch were in Hazleton when they received a text from Burke about the child’s death.

Nanovic deferred sentencing and ordered the adult probation office to prepare a presentence investigation report.

Duch is free on bail.