A mother sobbed as she told a judge what happened the night her
son died.
Zachary Baisden, 10, of the Merrimac area of Mingo County
In May 2013, his mother and father, Scott and Brandi Baisden,
were each indicted on one count of child neglect resulting in death. The
fourth-grader had Muscular Dystrophy and was confined to a wheelchair.
Both parents were back in court Tuesday for a scheduled plea
hearing in the case.
During the hearing in Mingo County Circuit Court, Brandi Baisden
pleaded guilty to a lesser charge of delivering a controlled substance.
Baisden told Senior Status Judge John Cummings that her son was
in pain that night and was having trouble breathing so she gave him Zanax which
was prescribed to her husband.
Mingo County Prosecutor Teresa Maynard told the court Tuesday
that tests showed that the drug given did not contribute to Zachary's death and
this was not a case of child neglect resulting in death, but a life is now
gone.
Brandi Baisden could face 1-3 years in jail and a $10,000 fine
when she is sentenced on April 17.
Zachary’s father, Scott Baisden was granted a pre-trial
diversion based upon evidence that he did not give his son the medication and
that the medication was not the cause of death.
Prosecutors say Mr. Baisden lied to investigators by saying he
did administer the drug. They say he did this to protect his wife.
Mr. Baisden will not face jail time or a fine, but will be
monitored for drug use four times a month for the next year. The child neglect
resulting in death charge was also dropped against Mr. Baisden.
Prosecutor Maynard says there was never any intent to harm this
child, but only a neglect issue.
