LUFKIN, TX (KTRE) -
In a non-jury trial
for 41-year-old Stephanie Nash, the charge of child abandonment was dismissed
Wednesday.
Back in May, the
Hudson Police Department charged her for leaving her then-13-year-old son at a
baseball park with no intention of returning to pick him up.
Judge Barry Bryan of Angelina County's 217th Judicial District Court recessed the trial during testimony by Nash's
brother-in-law to speak outside with the defense and prosecuting attorneys.
When they returned to the courtroom, prosecutor Tony Latino made a motion to
dismiss the case.
"Abandonment
means you leave without intent to return to the child with circumstances of
unreasonable risk of harm," Judge Bryan said.
The
defense argued that Nash did have intent to return home because she came back
to her residence between 10:30 and 11 p.m., so Bryan approved Latino's motion
to dismiss the charge.
Nash's
13-year-old son went to the baseball park in Hudson back in March of 2011 when
he got out of school. The ball park was across the street from his home.
He
was picked up around 8 that night by his uncle, who testified during the bench
trial.
"He
could've walked home across the street, but no one was home, and he would've
had to cook for himself," the uncle said on the stand. "I went to check on
him because I was concerned; I knew her situation and what was going on, so I
just was concerned about him."
The
uncle said because it was the first time Nash admitted that she was on drugs,
he was concerned about his nephew.
"This
was the first time Stephanie admitted she was on drugs so I was concerned about
him. She's never admitted to it before."
Later,
the boy's uncle claimed he saw Nash coming back home when he was taking the boy
to his house from the ball park. He said Nash texted his wife (her sister) to
make sure they had her son.
During
his questioning of the boy's uncle, Latino focused on the fact that the child
has ADHD and had no medicine with him when he was left at the baseball park.
"With
his ADHD he's not mature for his age," the uncle said.
The
uncle also testified that Nash's son went for almost a week without the
medication, and has trouble concentrating in school without it.
The
uncle and his wife filed a report with the Hudson Police Department to get a
prescription for the boy's ADHD meds. They never intended on Nash getting in
trouble for abandonment, the uncle said. They just wanted her son to have the
medication that his mother never provided them to give to him.
The
family has taken care of Nash's son on many different occasions because she has
dealt with drug use for many years.
During
the testimony, it was revealed that there have been several reports to Child
Protective Services in regard to Nash's drug use.
Nash's
son has been with his aunt and uncle since that day of "abandonment" in March. Both
parents agreed for his aunt and uncle to have custody. Nash admitted that she
is a drug user and that crack is her drug of choice.
The
defense argued that Nash did have intent to return home because she came back
to her residence between 10:30 and 11 p.m., so Bryan approved Latino's motion
to dismiss the charge. After Bryan's decision, he spoke to Nash about seeking
help for her drug use.
"Are
you here hoping she's found guilty of this?" Judge Bryan asked the uncle
at one point.
In
response, the uncle admitted he just wants Nash to get help for her drug use
and be a good mother. He said he had no desire to see her go to jail.
Copyright 2012 KTRE. All rights reserved.
