The supervising deputy attorney general of Indiana has filed a response to Jammy Stacy’s appeal of her Level 3 felony conviction.
Stacy, 43, was convicted of Level 3 felony neglect of a dependent resulting in serious bodily injury by a jury Aug. 6. She was sentenced to 16 years in prison – the maximum sentence punishable.
Stacy was convicted after evidence showed she was the sole caregiver of a 2-year-old boy named Vincent and that he was found suffering from severe malnourishment, along with broken bones from head to toe and bleeding on his brain.
Mari Duerring, Stacy’s attorney at trial and representing her in her appeal, had argued the evidence of the case was insufficient to prove beyond a reasonable doubt that Stacy was subjectively aware that her failure to seek medical care for Vincent placed the child in a situation that caused serious bodily injury.
“While the injuries to (Vincent) were numerous, there was no evidence that Stacy inflicted any of the injuries and as such the only way the state could prove she ‘caused’ serious bodily injury would be to prove with credible evidence that Stacy was subjectively aware of her actions, or lack thereof, somehow would cause further serious bodily injury. The nature of the injuries was not such that would have made a non-medical person aware of this condition. While evidence that if Stacy would have taken (Vincent) in sooner for treatment ‘would always be better’ may be reasonable, such evidence does not rise to proof beyond a reasonable doubt to sustain a conviction to neglect of a dependent as a Level 3 felony.”
Duerring further argued, “The evidence was insufficient to prove beyond a reasonable doubt that Stacy would have been subjectively aware that her failure to either provide medical care or proper food would have caused serious bodily injury to (Vincent). The evidence in this case supports a finding of guilt to the lesser included offense neglect of a dependent as a Level 6 felony; it does not support a finding of guilt to the Level 3 felony.”
On Monday, Ian McLean, the supervising deputy attorney general, filed a reply and said not only were the injuries obvious to the child while he was in Stacy’s care but that Vincent suffers from disabilities and deformities to this day.
“Stacy’s admission that she ought to have sought medical care, and her dissembling about (Vincent’s) condition to (Rune) Springer, are also sufficient to prove that she was subjectively aware that she had endangered (Vincent) by denying him medical attention and subjecting him to malnutrition. These facts are joined, in addition, by videos taken by Stacy herself which document ‘zombified’ effects of malnutrition on (Vincent), his disfiguring facial injuries that remained unhealed for months and his physical inability to perform such a small and everyday task as removing a jacket. The jury could reasonably conclude that Stacy was subjectively aware of the fact that her neglect of (Vincent) endangered his health and his life, and their verdict should be affirmed,” McLean writes.
Stacy was the third of the five people accused in the case to be sentenced at the time. Rune Springer, the boy’s mother, and Travis Tillotson, the boy’s stepfather, were both convicted of Level 6 felony neglect of a dependent earlier this year through plea agreements. They were sentenced to time served and probation, respectively.
Stacy’s aunt, Fayette Robinette, 60, of 9462 N. Ind. 19, lot 24, Etna Green, was convicted of a lesser charge of failure to report child abuse, a Class B misdemeanor. Robinette was initially charged with a Level 3 felony for neglect of a dependent. She was sentenced to non-reporting probation.
On Dec. 7, according to court records, Stacy’s mother, Annette Priestley, 60, of White Pigeon, Mich., was sentenced to 180 days in jail with all of it suspended for a lesser conviction of a Class A misdemeanor obstruction of justice charge. She had been facing the same Level 3 felony charge of which Stacy was convicted.
