BENTONVILLE -- Prosecutors began to build their case Tuesday to convince a jury Jennifer Moss is criminally responsible for the death of her 6-month-old son.
Moss, 21, of Gentry is charged with manslaughter and first-degree endangering the welfare of minor, both felonies.
About the case
Jennifer Moss, 21, of Gentry could be sentenced from three to 10 years in prison if convicted of manslaughter. She could be sentenced up to six years in prison if convicted of endangering a child in the first degree.
Source: Staff report
Firefighters and police were sent to 300 Meadow Court, No. 8 in Siloam Springs on Jan. 25, 2015, for a report of a baby who had no pulse and wasn't breathing. The body was sent to the Arkansas Crime Laboratory in Little Rock for an autopsy. Preliminary results showed the cause of death was asphyxia due to co-sleeping, according to court documents.
Moss and her then husband, Austin, were arrested in February 2015. Austin Moss recently pleaded guilty to manslaughter in the case and will be sentenced in August. Austin Moss is expected to testify at his former wife's trial.
Prosecutors on Tuesday played a recording of Siloam Springs police Det. Derek Spicer's interview with Jennifer Moss. She told Spicer she regrets using drugs and knows she should have removed her son -- Andrew -- from that environment.
She admitted to Spicer to using methamphetamine and staying awake for days prior to her son's death. Jennifer Moss also told Spicer she smoked marijuana before falling asleep with her son on her chest.
She said she was awakened the next morning by her husband, who said their son wasn't breathing.
The couple were sleeping with their son on two love seats they had pushed together. They were staying with friends.
Shay Estep, 23, said Austin and Jennifer Moss lived with her in January 2015 in an apartment in Siloam Springs. Estep said the couple and others smoked marijuana and methamphetamine in the apartment. They used methamphetamine the week of the child's death and smoked marijuana the day of his death. Estep, who was pregnant at the time, also admitted using drugs.
Stuart Cearley, chief deputy prosecutor, asked Estep which Moss had the most serious drug problem. Estep said they were all addicts, but added she believes Jennifer Moss had the most serious problem because she would sometimes get upset because she thought they were withholding drugs from her.
Estep said there was a cradle in the apartment and she told Jennifer Moss she could use it, but she didn't.
Estep said she heard the baby fussing that night and went to check on him. She said he was laying on top of his father and she picked him up. Estep said Jennifer Moss was on her side and snuggled up next to Austin. Estep said she attempted to feed the child and then laid him face up back on his father's back and went back to her bedroom.
Joel Huggins, Jennifer Moss' attorney, asked Estep about co-sleeping, and the Mosses' opinion on the subject. Estep said the Mosses discussed co-sleeping and told her they favored sleeping with their son. Estep said she shouldn't have put the baby back with his sleeping parents.
She pleaded guilty to possession of drug paraphernalia last year and was placed on state supervised probation.
Estep also said Jennifer Moss was very protective of her son.
"She really loved her baby," Estep said.
Tony Huckaby said he went to the apartment the morning of Jan. 25, 2015, and heard a horrific scream and saw Jennifer Moss holding her baby. Huckaby said he performed CPR on the baby.
Huckaby also has pleaded guilty to drug crimes and is being held in the Benton County Jail, but was given work release.
Testimony in the trial before Benton County Circuit Judge Robin Green will continue today.
NW News on 07/20/2016