Moss pleads to manslaughter after mistrial declared in Siloam Springs death

Jennifer Moss, 21, of Gentry walks to Judge Robin Green’s courtroom Wednesday to hear the verdict for her trial at the Benton County Courthouse in Bentonville. Moss is charged with manslaughter and first-degree endangering the welfare of minor, both felonies.
Jennifer Moss, 21, of Gentry walks to Judge Robin Green’s courtroom Wednesday to hear the verdict for her trial at the Benton County Courthouse in Bentonville. Moss is charged with manslaughter and first-degree endangering the welfare of minor, both felonies.

BENTONVILLE -- A jury believed Jennifer Moss endangered her 6-month-old son's life, but it couldn't reach a decision on whether she was criminally responsible for the boy's death. However, she later pleaded guilty to manslaughter to resolve her criminal case.

Moss, 21, of Gentry was charged with manslaughter and endangering the welfare of a child, both felonies.

Austin Moss, 22, of Gentry pleaded guilty to manslaughter. His sentencing will be August 4.

The jury deliberated for five hours Wednesday before it returned a guilty verdict on the endangering charge. The jury ended up deadlocked on the manslaughter charge. Benton County Circuit Judge Robin Green declared a mistrial and prosecutors could have retried Moss for manslaughter.

The seven men and five women recommended Moss serve six years in prison for the endangerment conviction.

Moss didn't testify during the trial. She tearfully thanked jurors for their service after they returned to the courtroom with the sentencing recommendation.

Stuart Cearley, chief deputy prosecutor, and Joel Huggins, Moss' attorney, reached an agreement to resolve the manslaughter case. Moss agreed Wednesday evening to plead guilty to manslaughter and received another six-year sentence.

Moss told Circuit Judge Robin Green she (Moss) understood she was giving up her right to a second jury trial in the manslaughter case

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 baby's 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 and will be sentenced in August.

Austin Moss, 23, testified at his former wife's trial Wednesday morning. The couple's divorce was granted about a month ago, according to Austin Moss.

Austin Moss said he and Jennifer Moss used methamphetamine for days prior to their son's death and didn't get any sleep. Austin Moss also said they smoked marijuana to try to sleep the night before their son's death.

The couple slept on two love seats pulled together. Their son Andrew slept with them, Austin Moss said.

Austin Moss described when he woke up to find his son laying face up under his left arm pit. "I felt him there," Moss quietly said. "I opened my eyes and his lips had turned blue."

He described his former wife as a good mother, but said they got "caught up in the drug use."

Austin Moss said the couple always slept with their son because they wanted to be close to him, but he also said their pediatrician warned them about the dangers of co-sleeping.

Austin Moss said he knew he shouldn't have had his son around drugs.

"I know deep down in my heart I didn't move that night," Austin Moss said. "If Shay had never moved him he would have been fine."

Shay Estep said Tuesday the Mosses lived with her. She heard the child crying and fed him and then put him back down on top of Austin Moss and returned to her bedroom.

"She's not on trial for being a bad parent," Joel Huggins, Jennifer Moss' attorney, told jurors. "She's not on trial for using drugs."

Prosecutors failed to prove his client acted recklessly in causing her son's death, Huggins said.

Huggins told jurors they heard Austin Moss admit he was the one who suffocated his son. That's reasonable doubt for his client, Huggins said.

Stuart Cearley, chief deputy prosecutor, told jurors Jennifer Moss was aware of the risks of co-sleeping with her son. Jennifer Moss' actions and drug use led to her son's death, Cearley said.

Austin Moss said he pleaded guilty and agreed to testify against his former wife and prosecutors agreed to recommend he receives less time in prison than his former wife.

The judge sentenced Jennifer Moss to six years in prison on each of the counts. The sentences will be served consecutively. She will be eligible for parole after serving eight months of her sentence. She must abide by a suspended sentence agreement for four years after her release from prison.

Jennifer Moss received 137 days of jail credit for the time she spent in the Benton County Jail awaiting her trial.

She must pay $920 in court associated costs.

She must complete 12 hours of parenting class after her release from prison.

Jennifer Moss was taken into custody and taken to the Benton County Jail.

NW News on 07/21/2016

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