By Liz Shepherd
InkFreeNews

Jammy Stacy

WARSAW — The Indiana Court of Appeals has affirmed the state proving beyond a reasonable doubt that Jammy Stacy neglected a child who suffered life-threatening injuries.

On March 2, 2018, Nappanee Police responded to a report of a child in need of service. Upon arrival, officers discovered an injured boy who needed medical attention. The child had visible injuries in many stages of healing and was also underweight and malnourished. In October 2017, the child’s biological mother had taken the child to live with Stacy, 44, at her Etna Green home. Stacy said she was the sole caregiver for the child from October 2017 to March 1, 2018.

During a three-day jury trial in August 2020, Stacy was found guilty of neglect of a dependent resulting in serious bodily injury, a level 3 felony. She is currently serving her 16-year prison sentence in the Rockville Correctional Facility, with a projected release date of Aug. 4, 2032.

A 10-page memorandum decision filed by the Court of Appeals on March 5 says the state proved beyond a reasonable doubt that Stacy knowingly neglected the child by failing to get him medical treatment; it also argues that Stacy’s failure resulted in serious bodily injury to the child.

The Court says the state charged Stacy with a Level 3 neglect of a dependent charge since she endangered the child’s health by not getting him medical care, rather than arguing she inflicted his multiple injuries. In a neglect case, the Court says “knowing intent exists where the defendant was subjectively aware of a high probability that she placed the dependent in a dangerous situation.”

The memorandum also states that in cases where neglect is argued due to failure to get medical care, there must be symptoms from which the average person could determine serious problems requiring medical attention.

“While (the child) was in Stacy’s care, he sustained obvious and severe injuries to his nose, a severe head injury that left part of his skull exposed, and malnutrition that left his ribcage exposed, his legs wasted, his head hair thinned, and abnormal hair growth on his face,” read the memorandum. “The jury could have readily and reasonably concluded from these conditions alone that a layperson would have known (the child) was in serious need of medical attention.”

The memorandum says Stacy was subjectively aware of placing the child in a dangerous situation due to supporting evidence showing several aspects. Stacy hid the child’s true condition from his biological mother. She documented the child’s condition through images and video and also admitted in a police interview that she should have taken the child somewhere for treatment.

“Although (the child) sustained other injuries for which Stacy also failed to procure treatment, we conclude that her failure to take (the child) for treatment for his obvious nose injury, the large, open wound on the back of his head, and for his malnourishment alone was sufficient to sustain her conviction for Level 3 felony neglect of a dependent,” read the memorandum.

In her brief to the court, Stacy argued the state was required to prove she was aware that her failure to get the child medical care would result in a risk of death or extreme pain. She also argued that some of the child’s injuries were not visible to the naked eye and/or required no treatment.

The Court of Appeals states that when offenses are elevated for having caused serious bodily injury, knowledge of wrongdoing related to the offense’s conduct does not extend to the element of injuries caused. The State also argues that Stacy saying injuries not being visible is irrelevant since the child’s nose injury, scalp wound and malnutrition were found to be sufficient enough to sustain her conviction.

“We conclude that the state proved beyond a reasonable doubt that Stacy knowingly neglected (the child) by failing to procure him medical treatment, and that failure resulted in serious bodily injury to (the child),” read the memorandum.