Ashley Bertino (Chautauqua County Sheriff’s Office).
Ashley Bertino, a 36-year-old mother from upstate New York, sat in a courtroom on Thursday as witnesses testified about the neglect that allegedly led to her 12-year-old daughter’s death.
On April 29, Bertino’s daughter Mya Smith died in her home for reasons unknown at the time. The coroner later ruled that Mya’s death was due to diabetic ketoacidosis, which occurs as a result of untreated diabetes. The category of death was medical neglect, which the Erie County Medical Examiner’s Office ruled was a homicide. Following a monthslong investigation by the Chautauqua County District Attorney’s Office, Bertino was charged with second-degree homicide and arrested on Monday.
During a preliminary hearing in Hanover Town Court on Thursday, Bertino listened as several witnesses recounted Mya’s condition leading up to her death, including Colleen Smith, a bus driver who knew the girl for several years. Smith, who became visibly emotional as she spoke, said that Mya always sat right behind her on the bus and referred to Smith as her “bestie.”
Smith also testified that Mya and her other siblings “often appeared unkempt,” according to The Post-Journal. The children were also often inappropriately dressed, their clothing in poor condition, and “struggled with odor.” As a school bus driver, Smith is a “mandated reporter” and is required to report signs of child abuse, which she did. Smith said that she told the school nurse at Silver Creek Central School about Mya, who often said she was thirsty and “would drink two full bottles while on the bus.”
Two weeks before Mya’s death, her brother and sister told Smith that Mya was “really sick” and “can’t get out of bed.” She only made it to school “once or twice” during that time.
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Amy Bartell, the Dean of Students at Silver Creek Central School, also testified to the disheveled appearance of Mya and her siblings. Mya, specifically, “would smell like urine.” Bartell corresponded with Bertino over email and text, but noted that Bertino “would protest if Mya wanted to see a school nurse and was upset that Mya’s gym teacher wanted her to get a note from a doctor about why she wasn’t able to participate in gym class.”
Bertino’s neighbor, Jill Meyer, also provided a glimpse into Mya’s home life. Her son was friends with Mya’s brother, who Meyer saw “crying and pacing” on the day Mya died. Meyer testified that he “told her that he had been taking care of Mya all day long. He tried sprinkling water in his sister’s eyes and asked his mother to call 911 but she refused, saying that Mya ‘was being dramatic.’”
When it came to Bertino’s ability to notice something wrong with her child, Chautauqua County Chief Medical Examiner Dr. Michael Faulk testified that “Mya should have been showing symptoms of diabetes for weeks or months and that any medical professional should have been able to identify her as a diabetic.” Bertino had scheduled an appointment for Mya at Silver Creek Pediatric prior to her death, but Juliana Post — an employee at Silver Creek Pediatric — said a visit never took place.
Post testified that Bertino reported that Mya was vomiting, but “gave no indication that there was anything seriously wrong.” Bertino had been instructed to take Mya to the hospital if her symptoms got worse.
After Mya’s death, Child Protective Services removed her siblings from the home, but they were set to be released back into Bertino’s custody. Chautauqua County Jason Schmidt told WKBW, a local ABC affiliate, that he “didn’t think that it was a smart idea to return these children to the to the same household in which Mya Smith had died.” It was then that Schmidt charged Bertino with second-degree murder. He noted that several people reported signs of abuse to authorities, but “here we are, and it’s tragic, it’s terrible.”
The preliminary hearing is scheduled to continue on Friday.
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