Jury: Grandma endangered child while overdosing on heroin
NORRISTOWN » A Montgomery County jury deliberated less than an hour before convicting an Upper Moreland grandmother of endangering her grandson by overdosing on heroin while the child was in her care.
Donna L. Pilling, 55, of the 1000 block of Oakwood Drive, was convicted Thursday of a felony charge of endangering the welfare of a child in connection with the July 2017 incident at her residence. The jury reached its verdict after 40 minutes of deliberations after a twoday trial.
Judge Risa Vetri Ferman deferred sentencing so that court officials can complete a background investigation report about Pilling. The judge said Pilling will undergo a drug and alcohol assessment as part of that background investigation.
Pilling, who remains free on bail pending her sentencing hearing, faces a possible maximum sentence of 3 ½ to seven years in prison on the charge. However, state sentencing guidelines could allow for a lesser sentence.
“It’s a 10-month-old baby. They are incapable to doing anything for themselves. That child was alone because this defendant decided to get high,” Assistant District Attorney Nicholas Beeson argued to the jury during his closing statement.
An investigation began about 5 p.m. July 1, 2017, when Upper Moreland police responded to the Oakwood Drive residence for a report of a suspected overdose. Upon arrival police found Pilling unresponsive on the living room floor and she was transported to a local hospital for medical treatment, according to the criminal complaint.
Pilling’s son told investigators that he and his wife went grocery shopping and left their son in Pilling’s care.
“They returned home shortly before the time of the call and located Donna Pilling unresponsive on the living room floor and their 10-month-old son laying on the living room floor,” Upper Moreland Police Officer James Martin Nuskey Jr. wrote in the arrest affidavit, recalling statements made by Pilling’s son. “He advised me that his mother is a known drug user and frequently uses heroin and cocaine.”
Police said it was reported to them that Pilling was alone with the child for about 30 to 40 minutes.
“It is unclear at what time during that period she overdosed and how long the child was unattended,” Nuskey alleged.
During the trial, defense lawyer Sarah Hudson suggested there were too many questions surrounding who, at the time, was responsible for the child’s care. Hudson argued Pilling may be guilty “of making bad choices” but that there was insufficient evidence to convict her of child endangerment.
However, with the conviction, the jury determined Pilling, while supervising the welfare of a child, knowingly violated a duty of care, protection and support.