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Summit Hill woman charged in infant’s death

A Summit Hill woman faces involuntary manslaughter charges in the death of her 3-month-old son last September.

State police say that Jessyca Lynn Smale, 26, of East Fell Street, was using marijuana while caring for her infant son and fell asleep on him, causing him to suffocate on the afternoon of Sept. 15.

Smale was arraigned Wednesday afternoon by District Judge Beth Dodson on charges of involuntary manslaughter, endangering the welfare of children, reckless endangerment, possession of a small amount of marijuana and possession of drug paraphernalia.

Smale was released on $20,000 unsecured bail following the arraignment. A preliminary hearing is set for July 24.

According to arrest papers, state police responded to Smale’s home to investigate the death of a 3-month-old boy. Summit Hill police and Carbon County detectives were at the home after being called for an unresponsive infant at 3:16 p.m.

The baby had already been taken to the St. Luke’s Miners Campus in Coaldale and was pronounced dead at 3:44 p.m.

At the hospital, Smale told police what had happened that day during a recorded interview. She said that she woke up at 9:45 a.m. and went outside to smoke marijuana at 10:30 a.m., court papers said.

Smale told police that she smoked marijuana three times a day, and was the only person who used drugs in the home. She said that she, the baby and her 15-month-old son all took a nap on the couch around 1:45 p.m.

The baby was fine when they fell asleep, Smale told police. She woke up, went to the bathroom and returned to find the baby not moving, court papers said.

Smale picked up the baby, noticed blood coming from his nose, patted and rubbed his back and then began breathing into his mouth, but the boy remained unresponsive, she told police.

She called for her brother for help, court papers said. Her brother called 911, and she went outside with her other son and was met by first responders, who took the baby to the hospital.

Troopers inquired about how she, the baby and her other son were positioned on the sectional couch. Smale said she and the baby were on the long side of the couch, while the toddler was on the chaise portion.

Smale said she was covered in a blanket, and the baby was swaddled in another blanket. She told troopers that they slept on the couch together “almost every day,” and they always nap at the same time.

Troopers asked where they typically slept, and Smale said that she didn’t have a crib and the baby slept in his car seat or with her in bed, which was in the attic of the home.

During a search of the home, troopers found a mattress on the floor in the attic and next to a baby swing. There was a child-size bed, but it was covered in household items and, in the basement, there was a bassinet filled with clothing.

Smale consented to a blood test, and results showed THC, which is the chemical responsible for marijuana’s mind-altering or psychological effects.

Smale’s brother told troopers that he worked overnight, came home, slept, woke up, took a shower and ran out for a haircut, and didn’t interact with anyone in the home at the time.

He returned that afternoon just before 3 p.m. and saw his 15-month-old nephew lying on the chaise part of the couch, next to his sister. She was facing the 15-month-old as she laid across the couch under a blanket, and he didn’t’ see the baby, court papers said.

He spoke to his sister, but didn’t know what she said in response, and noted his younger brother was on another couch using his tablet. He went to the kitchen to make something to eat.

He heard his sister get up from the couch, and then heard yelling about the baby and saw her holding the baby next to the couch, court papers said.

He called 911, and checked the baby’s airway and didn’t find anything blocking it, he told police. He followed the dispatchers’ instructions to perform CPR. He did see blood on the baby’s nose, but no other injuries, court papers said.

He told troopers that the baby had no medical issues and seemed to be healthy. His sister would normally sleep on the couch with the baby on her chest. He also told police that he knew his sister smoked marijuana, court papers said.

Troopers found a burned marijuana cigar on the floor under the sectional couch, a glass pipe with suspected burned drug residue in a drawer in the living room desk, a marijuana grinder on the desk, a blue rubber bong with burned residue on a shelf in the living room and a glass bong in a kitchen cabinet.

Additional paraphernalia were found in a bedroom and in the attic, court papers said.

Troopers received an autopsy report from Carbon County Coroner Mark K. Smith on Jan. 16, listing the baby’s death as suffocation due to co-sleeping with an adult on a couch and the manner of death as homicide.

Troopers also sought search warrants for the baby’s medical records, which showed maternal substance abuse (THC), documented July 13, 2023. The baby’s umbilical cord blood was positive for marijuana, court papers said.