Gentry mom pleads guilty in death of infant
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.
The jury deliberated five hours Wednesday before it returned a guilty verdict on the endangering charge. The jury was deadlocked on the manslaughter charge. Benton County Circuit Judge Robin Green declared a mistrial and prosecutors could have retried Moss for manslaughter.
The jury of seven men and five women recommended Moss serve six years in prison for the endangerment conviction.
Moss didn’t testify during the trial.
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.
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.
Aus t in Moss, 23, testified that 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 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.”
Austin Moss said he pleaded guilty and agreed to testify against his former wife, and prosecutors agreed to recommend he receive 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. 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. She must pay $920 in court costs. She must complete 12 hours of parenting class after her release from prison.