Mother gets probation in accidental death of son
The West Mifflin woman whose 10-year-old son shot and killed his 6-year-old brother last year was found guilty Tuesday of misdemeanor endangering charges.
Kayleigh Potter, 30, will serve 10 years of probation, may not possess a firearm during that time, and is required to complete parenting classes.
Her youngest son, Julian Hoffman, 6, was killed Aug. 9, 2017, after her oldest son, James, 10, took their mother’s handgun from her purse in her bedroom and shot him.
Deputy District Attorney Kevin Chernosky argued last week during a nonjury trial before Allegheny County Common Pleas Judge Randal B. Todd that Ms. Potter showed a course of conduct by leaving her two sons home alone often and at night.
That, the prosecutor said, made her guilty of felony endangering.
But in reaching his verdict on Tuesday, Judge Todd said he
did not believe the prosecution proved those counts beyond a reasonable doubt.
Judge Todd also found Ms. Potter not guilty of two gun charges. He did convict her of possessing a small amount of marijuana and paraphernalia.
The verdict was, essentially, the same plea offer made to Ms. Potter by prosecutors prior to the trial and put on the record before the start of testimony.
During the short trial, Mr. Chernosky played the 911 call made by James after his brother had been shot.
The prosecutor deferred to the court for sentencing, telling Judge Todd, “There’s essentially no punishment you can give her that would be greater than the loss of her son, Julian.”
Judge Todd called the case a “tragedy” and said, “Having to listen to the 911 call was just gut-wrenching.” Ms. Potter’s son, James, is currently in placement, but the goal is reunification.
“There’s really no winners in this case,” defense attorney Frank Walker said. “… She won in court, but essentially, she lost in life, because she lost her son.”