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Summit Hill woman waives charges in baby’s death

A Summit Hill woman waived involuntary manslaughter charges in the death of her 3-month-old son last September to Carbon County Court of Common Pleas.

Jessyca Lynn Smale, 26, of East Fell Street, appeared before District Judge Beth Dodson on Monday on the charges related to the infant’s death while in her care.

State police say Smale was using marijuana while watching the baby and fell asleep on him, causing him to suffocate, court papers said.

She was charged with involuntary manslaughter, endangering the welfare of children, reckless endangerment, possession of a small amount marijuana and possession of drug paraphernalia.

Smale waived all charges on Monday and remains free on $20,000 unsecured bail. A formal arraignment is scheduled for Feb. 13 in the district attorney’s office.

According to court papers, state police responded to Smale’s home to investigate the infant’s death on Sept. 15, 2023. The baby had been pronounced dead at St. Luke’s Miners Campus in Coaldale at 3:44 p.m.

Smale told police that she woke up at 9:45 a.m. and went outside to smoke marijuana at 10:30 a.m. She said she smoked marijuana three times a day, and she and the baby took a nap on the couch at 1:45 p.m., court papers said.

Smale said she woke up to go to the bathroom, and returned to find the baby not moving, and picked up the child, noticing blood coming from his nose, court papers said.

She called her brother for help, and he called 911.

Tests showed Smale had THC, the chemical responsible for marijuana’s mind-altering or psychological effects, in her blood, court papers said.

State police also sought warrants for the baby’s medical records, which showed maternal substance abuse documented July 13, 2023, and the baby’s umbilical cord blood was positive for marijuana, court papers said.

Carbon County Coroner Mark K. Smith ruled the baby’s death as suffocation due to co-sleeping with an adult on a couch and the manner of death as homicide.